23.03.2023

Luther advises Spremberg hospital association on re-municipalisation

Spremberg, 23.03.2023 – In the context of the wave of insolvencies in the hospital market, Luther Rechtsanwaltsgesellschaft successfully assisted the general representative of the Spremberger Krankenhausgesellschaft in returning the hospital to public ownership and ending the protective shield proceedings under insolvency law.

Background

In September 2022, the hospital applied for a protective shield in self-administration. The city of Spremberg/Grodk in eastern Brandenburg acquired a majority stake in the formerly private hospital company through a capital increase and now holds 80% of the shares. The other 20 % are held by the hospital staff through the Förderverein Krankenhaus Spremberg.

The Luther team specialised in hospital transactions supported the self-administration in setting the course for the successful re-municipalisation of the hospital in the shortest possible time. In this project, it was necessary to involve political bodies and the municipal supervisory authority as well as to ensure that the hospital remained a non-profit organisation as part of the public welfare system. After the creditors' meeting declared the necessary approval of the insolvency plan and the company's capitalisation is secured, the hospital will now be able to maintain medical care in the region.

Dr. Mark Boddenberg (ECKERT Rechtsanwälte) accompanied the self-administration proceedings as general negotiator of the Spremberger Krankenhausgesellschaft: "In the trusting and constructive cooperation of all parties involved, we succeeded in finding the best solution for the hospital location and its patients as well as the creditors. Thanks to the pragmatic and solution-oriented support of the Luther team, even challenging milestones of the project could be successfully implemented."

On behalf of Spremberger Krankenhausgesellschaft:

Luther, Corporate/M&A: Dr Oliver Kairies (Partner), Dr Daniel Schubmann (Counsel, Lead), Dr Karina Wojtowicz (Senior Associate), Charlotte Buck (Associate)

Luther, Tax Law: Jens Röhrbein (Partner)

Luther, Medical Law: Dr Hendrik Sehy (Counsel)

Luther, Competition Law: Dr Helmut Janssen (Partner)

Luther, State Aid Law: Ulf-Dieter Pape (Partner)