Supporting the full range of your activities - in all of Germany
In the highly regulated (German) Society, administrative actions support (or hinder) the vast majority of our private or professional projects. This is particularly true in turbulent times, such as the climate crisis. We not only support you with objections and lawsuits against decisions from authorities and other standard administrative law cases, Our aim is to support your projects within the entire range of the (German) administrative and environmental Law, even when it concerns out of the ordinary proceedings such as:
Construction- and operating-approvals: Can a publicly accessible hydrogen filling station be built and operated in a hazardous area?
Für die Dekabonisierung von Nutzfahrzeugen haben Wasserstofftankstellen eine zunehmend größere Bedeutung. Wussten Sie eigentlich, dass es möglich ist, öffentlich zugängliche Wasserstofftankstelle selbst in einer nach dem Bundesimmissionsschutzgesetz genehmigten Anlage innerhalb von wenigen Wochen genehmigen zu lassen? Und zwar ohne die BImSchG-Genehmigung ändern zu müssen? Ja, das geht...
Cost bearing for infrastructure: A railway crossing is to be replaced by a bridge. Does a neighboring company really have to bear the majority of the resulting costs?
Almost everyone is happy about investments in (railway) infrastructure, e.g. when so-called level crossings (railway crossings) are replaced by bridges or underpasses. Then traffic flows better and more safely on both modes of transport. For example, more cargo can be shifted from the road to the rail. This is good news for climate protection and the economy. If you are a so-called crossing participant, e.g. an adjacent business with an affected rail connection, then it can be really expensive. Sometimes, however, you can find provisions in old documents that can avoid having to bear the costs. You should know where to look.....
Large-scale Public funding: Under what conditions is an “Important Project of Common European Interest” (IPCEI) to be funded?
In 2021, the German government conducted an expression of interest procedure for the funding of large scale hydrogen projects within the "IPCEI"-framework. 61 projects were selected out of over 360 submitted ideas, together these projects had to be notified by the European Commission, jointly with some several hundred other hydrogen projects from all over Europe. the lengthly notification- process at European level included a need for multiple legal advice: from the interpretation of the notification guidelines, to support in the preparation of the project-related notification documents and the extensive "wave-related" presentations. If the outcome is of interest, please refer to here.
(Re-)commissioning of rail-connections: Under what conditions can old rail connections be reactivated and new ones built? What else needs to be taken into account? How high is the public funding rate and what are the funding requirements?
The (re)commissioning of an (old) rail connection can help decarbonize (factory) logistics and can already be a big step towards the company's climate neutrality. Apart from the fact that rail connections are often subsidized, their (re-)approval, commissioning and operation pose a number of legal hurdles: from approval, cooperation with the authorities and the railway operations manager, to publication obligations, connection and operating contracts and slot allocation.
Pensionfunds of the Federal and State Governments: What are the requirements and consequences of voluntary membership?
The Federal and State Pension fund (VBL) helps employees of the federal government, the states, municipalities, associations and other "public" employers to build up additional old-age, disability and survivors benefits through private insurance. However, membership is tied to conditions, compliance with which can cause considerable economic difficulties for smaller institutions or associations, especially if membership is entered into without fully understanding the consequences. We can not only help people to decide to join with full awareness of the consequences, but also to end it if necessary should the conditions no longer be met.
Revocation of permits: Who bears the costs incurred if a building permit for the construction of holiday homes (in the nature reserve) is revoked?
When permits are withdrawn, the question of whether the withdrawal is legal is not the only one that arises. Often, significant investments have already been made, e.g. in detailed plans and in construction preparation. Sometimes contracts have already been signed for the construction and for the objects themselves. Even if the withdrawal is effective, in these situations it is necessary to prepare and enforce compensation claims. The nature of the initial decision also plays a key role, as does the fact that authorities (also) do not like to be held responsible for their own mistakes.
New technology / operating and building permits / Public funding: How can around 50 companies from four continents work together to find their way to climate-neutral logistics? What funding can support this goal? What permits are required to operate the new technology?
On the one hand, many companies have ambitious climate protection goals. On the other hand, there is a lot missing to make these goals a reality: new technology (some of which is not yet ready for series production), knowledge (how does this new technology affects production processes and which rules must be observed before/during use) and - last but not least - financial resources are needed (to implement the projects). When the issues become so large and complex, collaboration helps, in this case between over 50 companies from 4 continents. The resulting (legal) questions were complex and extensive, from submitting the funding application to the amended operating license. However, if the project becomes successful, it sometimes attract even royal visitors.
Building in outdoor areas: When does a building become "dilapidated" and how long do renovation measures have to be approved on the basis of protection of existing buildings?
When old houses in the outskirts - that have been empty for several years - are to be extensively renovated, legal problems occasionally arise, especially if the project is not a "privileged" project. The authorities may decide that building in the so-called outskirts is not permitted and initially refuse to grant a building permit; Demolition may even be demanded. Even if almost no two cases are the same and the legal questions are multiple (continuing protection of existing rights yes/no; privilege yes/no), it is often worth taking a closer look at the matter. Sometimes, as in the picture, construction can still take place...
Planning approval decisions: From the application to the assertion of one’s own rights to the regulation of subsequent relationships:
If, for example, transport infrastructure or waterways are changed, a planning approval decision is usually required. Already in the planning approval process (and in the court proceedings that usually follow), a large number of things must be taken into account by all those involved (project developer, those affected, planning approval authority). This often does not end when the planning approval is legally binding and therefore final. The decision shapes the future legal relationships between the parties. This can, for example, lead to operating restrictions for the project developer or be a prerequisite for expropriation of those affected. They lead to a large number of subsequent relationships that must be implemented or pursued, and not only in places where industry and residential development are close together (such as in the Port of Hamburg).
