Mandate Notifications

Once again, ten Orth Kluth lawyers from the previous year have been included in the new ranking "Germany's Best Lawyers 2021". For the first time, Salary Partner Manja Steinicke LL.M. is mentioned with her reputation in the field of construction law.

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Vallourec Deutschland GmbH operated a tube plant for the production of seamless steel tubes in Düsseldorf-Reisholz until August 2020. This tube plant was previously operated by Mannesmannröhren-Werke AG. After Vallourec had initially entered into a joint venture with Mannesmannröhren-Werke AG at the end of the 1990s, this joint venture became a wholly-owned subsidiary of Vallourec in 2005.

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Following the recognitions by WirtschaftsWoche this year in the areas of Employment Law, Compliance and Corporate Law, we are pleased to be recognised once again as a "TOP Law Firm 2021" in the area of Antitrust Law. Salary Partner Dr. Lars Maritzen was again included in the list of "TOP Lawyers 2021 Antitrust Law" after being listed in last year's ranking.

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This year, Wirtschaftswoche surveyed the reputation of law firms in the legal fields of employment law and corporate law. Orth Kluth is listed as "TOP Law Firm 2021" in both areas, and Dr. Guido Matthey and Dr. Robert Orth were each ranked as top lawyers.

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Orth Kluth is listed in the business magazine brand eins in the topic magazine "The Best Commercial Law Firms 2021" with three rankings in the categories compliance, corporate law and antitrust/competition.

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In a recent court ruling, the German Federal Court of Justice has confirmed its previous case law according to which EU antitrust law (in particular the prohibition of abuse of a dominant position pursuant to Art. 102 TFEU) is applicable to the track access charges of Deutsche Bahn and corresponding fees for the use of railway tracks can therefore be reviewed by the civil courts - in parallel to and independently of the jurisdiction of the Federal Network Agency – at least according to antitrust standards (Federal Court of Justice, ruling of 8 December 2020, File No. KZR 60/16; the reasons for the decision were submitted on 22 April 2021). Orth Kluth has represented the claimant in these proceedings.

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Orth Kluth advised credativ international GmbH, a global provider of IT services in the field of open source infrastructure, on the acquisition of all shares by the Australian Instaclustr Group.

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MPU GmbH (Metallbearbeitung-Präzisionsteile-Umformtechnik), which belongs to the Wickeder Group, sold its operating business to the Wachsmuth Group at the beginning of March 2021. With this acquisition, the Wachsmuth Group is expanding its production capacity and will become a supplier to the Wickeder Group with the acquired business.

Orth Kluth advised the Wickeder Group throughout the acquisition process.

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Again, Dr Markus Berndt in the area of white-collar crime and Gereon Conrad LL.M. in the area of compliance maintain their ranking as TOP lawyers in the current ranking of WirtschaftsWoche in cooperation with the Handelsblatt Research Institute.

Furthermore, Orth Kluth was ranked as a Top Law Firm 2021 in the areas of white-collar crime and compliance.

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The Federal Supreme Court (BGH) has ruled in a landmark decision that the operator of the nationwide rail network, DB Netz AG, is liable to railway undertakings for the punctual provision of train paths (judgement of 3 February 2021, ref.: XII ZR 29/20). The lower court (OLG Frankfurt, judgement of 12.03.2020) had answered this question in the negative because it had read an implicit exclusion of liability into the terms of use of DB Netz AG. The BGH now rejected such a disclaimer. The action had been brought by Ostdeutsche Eisenbahngesellschaft mbH (ODEG), which has to pay penalties to the public transport authorities for unpunctuality and had passed these on to DB Netz AG by way of recourse. The ruling is not only important for regional rail transport, but also for rail freight transport.

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Since December 2020, Deutsche Bahn AG and VAG Verkehrs-Aktiengesellschaft Nürnberg have joined the previous nine shareholders of the networking project of Mobility inside Holding GmbH & Co. KG. This gives Mobility inside strong support and significantly increases its previous industry coverage.

Orth Kluth has supported Mobility inside Holding GmbH & Co. KG in negotiating the accession of Deutsche Bahn AG and VAG Verkehrs-Aktiengesellschaft Nürnberg and in drafting the consortium agreement as well as the accession documentation.

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Cologne-based WE22 AG, developer of software for the creation, maintenance and hosting of websites, has been acquired by Europe's largest cloud and hosting provider 1&1 IONOS, a company of the United Internet Group.

Orth Kluth Rechtsanwälte advised the founders of WE22 AG throughout the entire process.

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In future, the Talanx Group will offer private customers of Deutsche Bank, Postbank and BHW Bausparkasse exclusive insurance cover for consumer and mortgage loans. Orth Kluth provided legal advice to the Talanx Group in the negotiation and drafting of the cooperation agreement.

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In this year's kanzleimonitor 2020/2021, Orth Kluth is placed 40th in the Top 100 evaluation. With recommendations for 14 fields of law, Orth Kluth reaches a shared 12th place in the category "range of services".

The practice group Commercial Law maintains its previous year's position with 8th place.

Dr. Julius Böckmann is ranked 13th among the top 100 lawyers and is recommended as the leading lawyer in the categories "Commercial Law" and "Litigation & ADR".

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Once again, Orth Kluth is widely represented in the JUVE-Handbook 2020/2021 in the nationwide rankings of the individual fields of law.

In the regional ranking "Düsseldorf", Orth Kluth is among the top 25 law firms.

The first recommendation in the fields of IP-Law as well as Competition Law for the practice group IP-/IT-law is very positive. The renewed top ranking (category 2) in the field of Transport Sector - Regulation is also remarkable.

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From 1997 to 2011, truck manufacturers colluded on (i) price and “gross list” price increases for medium and heavy trucks, (ii) the timing for introduction of new emissions technologies and (iii) the passing on of the costs of the introduction of new emission technologies in line with the EURO 3 to EURO 6 emission standards to customers. Medium trucks (weighing between 6 to 16 tons) and heavy trucks (weighing over 16 tons) are affected.

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Between January and April 2020 the Federal Cartel Office imposed fines amounting to approx. EUR 157 million on eight wholesalers of plant protection products and those responsible for them for coordinating price lists in violation of competition law with the aim of achieving a joint calculation towards retailers and customers. The Federal Cartel Office imposed fines on AGRAVIS Raiffeisen AG (Hanover/Münster), AGRO Agrargroßhandel GmbH & Co. KG (Holdorf), BayWa (Munich), BSL Betriebsmittel Service Logistik GmbH & Co. KG (Kiel), Getreide AG (Hamburg), Raiffeisen Waren GmbH (Kassel), Raiffeisen Waren-Zentrale Rhein-Main e.G. RWZ (Cologne), ZG Raiffeisen eG, Beiselen GmbH (Ulm).

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Das OLG Dresden hatte das bekannte Internetportal Finanztip Verbraucherinformation GmbH zur Unterlassung von ungekennzeichneten kommerziellen Inhalten und irreführenden Angaben verurteilt (OLG Dresden, Urteil vom 05.07.2019, Az. 14 U 207/19). Das Internetportal setzt innerhalb seiner Internetseite und in seinem Newsletter Affiliate-Verlinkungen ein. Diese führen zu Provisionseinnahmen des Internetportals, sodass das Setzen der Affiliate-Links vom Gericht als eine unlautere geschäftliche Handlung eingestuft wurde, weil keine ausreichende Kenntlichmachung dieser kommerziellen Inhalte vorlag.

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Our partner Dr. Markus Berndt was again listed in a ranking of a renowned legal journal in the group of the best German lawyers for Commercial Criminal Law: "Expert Guides" from the Legal Media Group lists him in the new issue of "White Collar Crime".

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The corona crisis is causing many adjustment measures to be taken by companies. In some cases, the business model must also be adapted to meet the challenges of the corona pandemic.

Orth Kluth has advised EVELY GmbH, which operates one of the largest event service provider mediation portals in Germany, weltklassejungs.de, on the conversion and adaptation of the business model and secured the previous balance of rights of the customers and the service providers who offer at weltklassejungs.

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No less than ten Orth Kluth lawyers are included in the new ranking "Germany's best lawyers 2020" thanks to their reputation and performance. As experts in eleven fields of law, they are listed by the Handelsblatt in cooperation with the specialist publisher "Best Lawyers".

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We are very pleased that the magazine Wirtschaftswoche has again awarded us the title "TOP Law Firm 2020", now in the field of antitrust law. We congratulate our salary partner Dr. Lars Maritzen on his inclusion in the list of "most renowned antitrust lawyers". For Orth Kluth, the award is also in this area a "confirmation of our intensive work and our growth".

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The internationally operating Klapp Cosmetics has arranged its long-term company succession and sold a majority share to Mandarin Capital Partners (MCP). The company founder Gerhard Klapp will withdraw from the day-to-day business and move to the advisory board. In the future, the current sole owner intends to concentrate primarily on the worldwide representation of the brand as well as research and development of new products. Orth Kluth Rechtsanwälte advised the seller during the process. The transaction has already been completed.

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Dallmann's Pharma GmbH (an indirect wholly owned subsidiary of Kat-jes International GmbH & Co. KG) signed a contract on May 4, 2020 to take over the Büb-chen business from Galderma Holding S.A. With this acquisition Dallmann's Pharma acquires the market leader in the segment "Kids Care" in Germany. Orth Kluth Rechtsanwälte advised Dallmann's Pharma during the entire acquisition process. The transaction has already been completed.

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In its decision, which is fully applicable, the Regional Court of Düsseldorf states that the rights from the well-known Union trademark "TÜV" are infringed if ladders are advertised with the text "TÜV tested" although no product certification by a TÜV company has taken place.

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Schustermann & Borenstein Logistik GmbH has outsourced the entire worldwide returns logistics (B2B and B2C) of the Schustermann & Borenstein group of companies (including BestSecret.com) to an external international logistics provider. The order value of the outsourcing project is in the upper two-digit million range.

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In December 2019, Krauss GmbH sold its company, including the factory property in Ludwigsfelde (Brandenburg), to the MTU group of companies by way of an asset deal. Orth Kluth advised Krauss GmbH legally during the whole selling process and led the contract negotiations.

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KION GROUP AG, the world's leading intralogistics supplier, and BMZ Holding GmbH are establishing a joint venture under the name KION Battery Systems GmbH to manufacture lithium-ion batteries for industrial trucks. Europe's largest producer of industrial trucks and one of Europe's leading suppliers of lithium-ion battery solutions are entering into a far-reaching strategic partnership with the joint venture. Orth Kluth provided KION GROUP AG with comprehensive legal advice throughout the entire transaction.

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The Higher regional Court Dresden sentences the well-known consumer information portal Finanztip to refrain from unmarked commercial content and misleading information.

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After the law firm had already advised fahma in the Europe-wide award procedure for the delivery of 27 fuel cell trains, it subsequently advised fahma on the financing of an almost three-digit million amount.

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On the appeal lodged by Orth Kluth in the main action proceedings between Dr. Z Medizinisches Versorgungszentrum GmbH (Dr. Z), represented by Orth Kluth, against the Zahnärztlicher Bezirksverband Oberpfalz e. V., a public corporation, the Higher Regional Court of Dusseldorf (OLG) cashed the first-instance judgment of the Regional Court of Dusseldorf by judgment of 23 May 2019 (Case No. I-20 U 43/18).

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AKASOL AG grows and establishes its new company headquarters in the southwest of Darmstadt. According to plans of the battery technology company, a new main administration building will be erected on a 20,000 square metre site by mid-2020. Orth Kluth advises Akasol AG comprehensively on this project in the areas of construction contracts and subsequent project support.

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On 21 May 2019, the RMV subsidiary fahma awarded the contract to supply 27 fuel cell trains to the French manufacturer Alstom following a Europe-wide award procedure. The vehicles (type Coradia iLint 54) will be delivered until the 2022/2023 timetable change. Orth Kluth provided comprehensive legal advice to RMV and its subsidiary fahma during the entire procurement process.

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In April 2019, the shareholders of the nordBlick Group sold their shareholding to Sanoptis GmbH. Completion will take place on May 14, 2019. The Sanoptis Group will thus acquire 14 ophthalmic practices in Schleswig-Holstein and one eye clinic in Kiel.

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The ice startup NRDS GmbH with its ice cream brand NOMOO, vegan ice cream made from natural ingredients, was advised by Orth Kluth in the first round of financing. NOMOO has received capital for the coming growth phase through the investment of three venture capitalists, led by Quest Solution GmbH.

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STEAG New Energies, a wholly owned subsidiary of STEAG GmbH, sold ten biomass and biogas power plants located in various regions of Germany as part of a sales process lasting several months. Orth Kluth provided legal support for the sale of the power plants.

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On 26 March 2019, HAWE Hydraulik SE acquired HOERBIGER Automatisierungstechnik Holding GmbH. Orth Kluth provided the HAWE Hydraulik Group with legal advice throughout the entire acquisition process and conducted the contract negotiations.

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Das Bundesverwaltungsgericht in Leipzig hat am 05.07.2018 – BVerwG 3 C 21-16 – ein weiteres Grundsatzurteil zur Stilllegung von Eisenbahninfrastrukturen im Zusammenhang mit dem Projekt „Stuttgart 21“ getroffen. Es hat dabei nicht nur die Grundzüge zur Auslegung der Begriffe „Strecke“ und „Bahnhof“ verdeutlicht, sondern sich auch mit den gesetzlich neu eingeführten „Serviceeinrichtungen“ befasst.

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Mit der offiziellen Vertragsunterzeichnung am 27. April 2018 hat Follmann den Klebstoffhersteller Sealock Ltd. übernommen.

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Mit der offiziellen Vertragsunterzeichnung am 27. April 2018 hat Follmann den Klebstoffhersteller Sealock Ltd. übernommen.

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ASM Technology Singapore Pte Ltd, a wholly-owned subsidiary of ASM Pacific Technology Limited (“ASMPT”), has acquired 100% of the shares in AMICRA Microtechnologies GmbH and thereby complements its existing product portfolio and strengthens its market presence in the field of Die Bonding. Orth Kluth Rechtsanwälte advised ASM in the bidding process as well as through the entire further acquisition process.

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DYWIDAG-Systems International GmbH purchases 100% of the shares in Alpin Technik & Ingenieurservice GmbH based in Leipzig. Orth Kluth Rechtsanwälte provided legal advice on the transaction to the acquirer.

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Orth Kluth advises one of two part owners on the sale transaction of a mall/ retail center in Voccastr. 65-69 in Herzogenrath to SCPI Novapierre Allemagne Fund (France).

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Die Sozietät Orth Kluth setzt ihren Wachstumskurs fort und erweitert die bestehende Corporate Compliance Beratung um die Bereiche Criminal Compliance und Unternehmensstrafrecht.

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After six weeks of negociations, US american mobile crane manufacturer Terex Cranes Germany GmbH has negotiated a deal with the unions PfalzMetall and IG Metall on a collective agreement securing the future. This cleared the way for a comprehensive restructuring of three plants and for maintaining the mobile crane production in the next years.

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BackWerk implements – as one of the first franchise networks – a loyalty- and mobile payment system using modern near-field-communication technology (NFC). Orth Kluth Rechtsanwälte provides comprehensive legal advice on the entire project.

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Die Henkel AG & Co. KGaA erwirbt 100% der Geschäftsanteile an der Sonderhoff Holding GmbH mit Sitz in Köln. Orth Kluth Rechtsanwälte hat bei dieser Transaktion an der Seite der Käuferin rechtlich beraten.

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As of may 1st, Deutsche Beteiligungs AG acquired Abbelen GmbH based in Tönisvorst, which so far had been family-owned. Orth Kluth Rechtsanwälte has provided comprehensive legal advise to the vendor throughout the entire transaction.

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Austrian, Vienna-based Frauenthal group acquired today 100% of the shares in Mahle Motorkomponenten GmbH, Plettenberg, from Mahle group, Stuttgart.

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The district heating network including the central plant and also the client base in the city of Winnenden have a new owner: The grid (23,4 km in total) and about 800 subscribers were transferred by STEAG New Energies GmbH to Fernwärme Winnenden GmbH & Co. KG, a company in which Stadtwerke Winnenden (the municipal energy supplier) holds 51 % and a subsidiary of STEAG New Energies GmbH holds 49 % of the shares.

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Connection systems specialist Masterflex SE has purchased, via the subsidiary Masterflex Vertriebs GmbH, all shares in APT Advanced Polymer Tubing GmbH. The acquisition has already been approved by the Masterflex Supervisory Board. Closing of the transaction with a volume in the high seven figures is expected at the beginning of January 2017.

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Acceleratio Capital, advised by investor Kohlberg Kravis Roberts & Co. L.P. (KKR), has announced on the 8th of december 2016 a public takeover-bid for the shares in Nürnberg based market research company GfK.

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A group of investors led by Delta Equity has sold a majority of shares in munich based medical care provider Deutsche Intensivpflege Holding (DIH) to belgian private equity investor Ergon Capital Partners.

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6B47 Real Estate Investors Germany GmbH sells the project „CASCADA“ to Munich based developing and promoting company Bauwerk Capital and to developer Red Square.

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Etabliert als einer der weltweiten Markt- und Technologieführer in der Edelstahlbranche, erwirbt Outokumpu die noch fehlenden Anteile der Hernandez Edelstahl GmbH mittelbar aus der Hand der Gründerfamilie. Im Zuge dieser Transaktion erwirbt Outokumpu auch die zum Standort der Hernandez Edelstahl GmbH gehörende Betriebsimmobilie.

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Ein Investorenkreis rund um Nordwind Capital hat sich gemeinsam mit dem Management mehrheitlich an der ibg Prüfcomputer GmbH, mit Sitz in Ebermannstadt und Tochtergesellschaften in der Schweiz und den USA, beteiligt.

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Leveraging its presence in China and the USA, WuXi App Tec has announced its entry into the European market, having made the acquisition of Munich-based Crelux. The transaction represents a significant step in the company´s global expansion strategy.

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Die FinTech Group AG verkauft die Tochter Die AKTIONÄRSBANK Kulmbach GmbH an ihre neue strategische Partnerin, die Obotritia Capital KGaA. Orth Kluth berät die FinTech Group AG während des Verkaufsprozesses.

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