The transport and energy transition is fundamentally transforming the rail sector. In this dynamic environment, our cross practice team has been operating for many years at the heart of the industry and maintains close relationships with railway operators, logistics and infrastructure providers, lessors, and financiers.
With rail industry specialists from our Projects & Infrastructure, Commercial Agreements & Distribution, Banking & Finance, Competition Law, Restructuring, Employment Law, and IP & IT practice groups, we provide a seamless, full service approach from a single source. We support market participants in addressing the wide range of challenges facing the rail sector, including restructurings and contract renegotiations. A particular focus of our work is legal advice on public service and public transport agreements.
We advise financiers and lessors on domestic and cross border financing and leasing transactions involving locomotives, multiple units, and freight wagons. In addition, we provide comprehensive support in rolling stock procurements, financing, operating and finance lease transactions, as well as purchase and sale transactions. We also assist contracting authorities and railway operators throughout procurement procedures, both under public procurement competition law and Regulation (EC) No 1370/2007. For all procurement and state aid law matters, we offer proven and practical solutions.
Our cross practice objective is to bring rail vehicles onto the tracks quickly, legally secure, and efficiently—for the benefit of all stakeholders.
Move Forward - Inside Logistics & Transport
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We provide our clients with a full service offering, covering every stage from legal support during procurement procedures through contract drafting, negotiation and implementation to execution, monitoring, and dispute resolution:
Ongoing advice on day to day operations, e.g. in disputes relating to tender procedures in regional passenger rail transport.
Advice on procurement and contract law in connection with the tender for the procurement of high-floor trams, as well as advice on contract law and strategy in connection with the procurement of low-floor trams.
Representation of the client, an international transport and logistics company, in the enforcement of a claim of EUR 77 million against an energy producer under a concluded transport contract.
Ongoing advice on day to day operations, e.g. in disputes relating to tender procedures in regional passenger rail transport.
Advice to one of the largest European railway companies in connection with reimbursement claims for track access charges in the German rail network, as well as claims for damages and recourse arising from the line closure in the Rhine Valley (Rastatt interruption).
Legal advice in connection with extensive adjustments within the framework of a nationally significant infrastructure and rail transport project, as well as adjacent regional transport links; review of subsequent claims under contract and public procurement law against public contracting authorities.
Legal advice in connection with the takeover and operation of several regional local rail passenger transport networks in Southern Germany, including the procurement of rolling stock and personnel, on the basis of long-term transport contracts with public contracting authorities.
Renegotiation of transport contracts in Bavaria due to frustration of contract (Störung der Geschäftsgrundlage). Volume of claims in the high three digit million range.
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