Rail

Public and private freight and passenger transport operators must act in a reliable, efficient and economic manner. They must meet high standards in terms of safety, speed and convenience and must take into account complex legal requirements. We advise industrial companies, service providers and the public sector on all matters relating to tram, urban railway and metro transport, regional transport and also long-distance high-speed rail transport. Another focus of our advisory services is the development of the infrastructure and the automation of trains.

Our Range of Advisory Services

International Trade Law/Export Control/Investment Control
  • Advising companies on matters pertaining to export control law (embargos, dual-use goods, transfer of know-how, etc.), providing training for managing directors and staff, drafting corporate export control policies
  • Advising foreign acquirers and also sellers on the investment control requirements under the German Foreign Trade and Payments Act (AWG) and the German Foreign Trade and Payments Ordinance (AWV), especially in the context of bidding procedures, and preparing and carrying out certificates of non-objection and approvals by the German Federal Ministry for Economic Affairs and Energy (BMWi), also and in particular in connection with Chinese investors

Service International Trade Law >>

Complex Disputes
  • Litigation/arbitration in the event of breaches of contract regarding the procurement of rolling stock or breaches of the related maintenance contracts
  • Advising on recourse to recover contractual penalties under transport contracts
  • Supporting clients in commercial disputes regarding defective supplies
  • Providing support in post-M&A disputes
  • Providing support in disputes relating to building and architectural law in connection with infrastructure projects in this sector

Service Complex Disputes >>

Corporate/M&A
  • Providing advisory services at a national and international level (also to groups of companies) and assisting with restructurings (merger agreements, shareholder resolutions, withdrawal agreements)
  • Providing buy-side and sell-side advice within the context of national and international mergers and acquisitions (carve-outs, bidding processes)
  • Advising on joint ventures with a geographic focus on Europe and Asia
  • Advising OEMs and tier suppliers with regard to investing in start-up companies and in venture capital (VC)
  • Advising on restructurings within the supply chain, carrying out “red flag” due diligence reviews
  • Advising on cybercrime as a risk for autonomous trains: hedging against this risk in the SPA

Service Corporate/M&A >>

Commercial and Distribution Law, Product Liability/Product Compliance
  • Supply relationships – drafting all relevant purchasing and sales agreements, including all ancillary agreements, for the railway industry
  • Advising on how to structure transport contracts with the responsible commissioning authorities
  • Providing advice before products are put into circulation, in particular, advising on how to comply with regulatory requirements (product compliance)
  • Advising on how to draft contracts in complex projects regarding the procurement of rolling stock, including leasing structures
  • Developing product recall management systems
  • Reviewing technical documentation
  • Organising in-house seminars on product liability and product safety
  • Drafting B2C conditions of sale for railway companies

Service Commercial and Distribution Law, Product Liability/Product Compliance >>

IP/IT Law
  • Advising on all matters relating to the digital automation of trains
  • Advising with regard to IT procurement (software and hardware licence agreements, Software-as-a-Service, Service Level Agreements, escrow and deposit agreements)
  • Assisting with IT outsourcing projects (IT and business process outsourcing and project agreements regarding complex IT systems)
  • Providing advice with regard to general network issues and advising management bodies on IT security and IT compliance
  • Advising on how to implement the German IT Security Act (e.g. critical infrastructure requirements for the transport and traffic industry)
  • Data protection (inter alia, GDPR) and data security (cybercrime)

Service IP/IT Law >>

Antitrust Law
  • Providing antitrust advice within the supply chain, advising on non-compete agreements and on rules of conduct towards other market participants (market dominance, monopolies and oligopolies)
  • Advising on the formation and implementation of joint ventures
  • Advising on German and European merger control, coordinating foreign filings (multijurisdictional filings)
  • Providing compliance advice, representing clients in administrative fine proceedings and organising training seminars on how to act during “dawn raids” (inter alia, on-site assistance during inspections and searches, advice on leniency applications)

Service Antitrust Law >>

Restructuring & Insolvency
  • Providing integrated advice to companies from the railway industry in an impending crisis (inter alia, advice on corporate law, (re-)financing, protection of assets (know-how), employment law, and the options available under insolvency law, such as protective proceedings etc.)
  • Advising companies on their own judicial restructuring (insolvency proceedings, protective proceedings)
  • Advising companies in the event of a customer’s or supplier’s insolvency and carrying out the related optimisation of supply contracts (trade agreements)
  • Distressed M&A: advising on the acquisition of companies prior to their insolvency (as part of their restructuring) and on the acquisition of insolvent companies
  • Advising on the introduction of short-time work, negotiating the appropriate works agreements
  • Providing advice and assistance in connection with staff reductions and restructuring measures, in particular, negotiating reconciliation-of-interests agreements and social compensation plans

Service Restructuring & Insolvency >>

Key Contact >>

Key Contact

Dr. Steffen Gaber, LL.M. (Sydney)

Partner

T +49 711 9338 19192