Public law
With one of the largest and most experienced teams in Germany and nine lawyers specialising in administrative law, FPS possesses unique expertise in public business law that is renowned throughout the market. Our experts assist clients from the initial project idea to the execution phase with a mix of professional proficiency, excellent industry knowledge and decades of experience.
In addition to providing comprehensive advice on procurement procedures, we support numerous cities and municipalities, planning associations, DAX corporations and companies, private investors and owners, as well as municipal cooperation projects and public-private partnerships (PPP). We have particular expertise in all administrative, state liability, antitrust and tax law matters and always take into account current developments and new challenges when offering our full-service advice.
Regulation
With its countless and ever-changing provisions, government regulation requires companies to identify limitations, opportunities and risks at an early stage – an important part of the advisory service at FPS. Together with our clients, we devise strategies that make the most of existing provisions and steer any necessary official procedures in a direction that best serves the interests of the client. Our clients benefit from our many years of experience in important industrial sectors such as real estate, financial services, healthcare, energy management and mobility.
Specialisation
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Fiscal law
The field of fiscal law covers all legal provisions that regulate the collection of revenue such as taxes, fees and contributions under public law. These especially include the Fiscal Code of Germany (Abgabenordnung, or AO) and the municipal fiscal laws of the federal states as well as various tax laws and ordinances. At local level, taxes, fees and contributions are levied on the basis of municipal statutes.
Our law firm specialises in dealing with legal matters in the entire field of fiscal law. We have considerable expertise in advising clients in this area as well as examining and, if necessary, defending against such claims.
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Foreign trade law
We specialise in dealing with antitrust issues involving distribution, cooperation with competitors, market positioning, IP, research and development. Our tailored solutions within the framework of antitrust law ensure the success of our clients. Boasting good contacts with authorities, we offer additional peace of mind and represent our clients’ interests before national and international competition authorities, including the Bundeskartellamt and the EU Commission. Our range of expertise covers price fixing, cartel bans, abuse of market power and merger control. At local and international level, we provide effective advice, support our clients in matters concerning foreign trade law and coordinate notifications using our excellent connections to authorities.
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Energy law
In the field of energy law, we represent clients across all areas of the energy industry, in particular those who operate in the electricity, gas and (district) heating sectors. We advise energy supply companies, project developers, power plant operators, industrial companies and municipalities on all energy management matters. Our lawyers work together in interdisciplinary teams and offer comprehensive advice that also takes into account aspects of corporate, antitrust, public procurement, civil and employment law. If necessary, we bring in energy industry consultants as cooperation partners.
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The impact of German reunification
More than 50 years of dictatorship in East Germany raised numerous legal questions. Our Berlin office specialises in such cases. We particularly focus on outstanding proceedings for the restitution of real estate and art treasures and for compensation for assets that cannot be returned. In addition, the Berlin office works on solving problems arising from typical forms of land use in the GDR (known as Sachenrechtsbereinigung, or property law adjustment). The office advises claimants and those affected by claims and has long-standing contacts with the competent authorities.
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Local rates and taxes
Despite its considerable practical importance, municipal fiscal law regularly only appears on the radar of investors when unforeseen six- or seven-digit figures call into question the profitability of a project. Very few specialists are well-versed in this field. We are familiar with the various options for influencing typical rates and taxes, including land development and improvement charges, building permit fees, special use fees, sewerage charges and the Stellplatzablöse, a charge payable when a new development provides less than the required number of parking spaces. In addition, we represent clients in appeal proceedings against the imposition of such charges.
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Product liability / product safety
Errors made in the course of developing, manufacturing and marketing products of all kinds present considerable liability risks and can cause lasting damage to both the economic and personal legal interests of those affected. Accordingly, we advise our clients on all legal matters relating to product safety in order to prevent liability situations. Our expertise also extends to aspects of insurance law in particular. In liability cases, we advise our clients when representing them in court and resolving disputes out of court.
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Public-private partnerships
Public-private partnerships (PPPs) are becoming ever more important. In recent years, besides dealing with ‘classic’ public building construction, we have also worked on PPP projects with a pilot character – in the IT and defence sectors, for example. When it comes to PPPs, we are one of the most experienced law firms in Germany. We advise clients on PPP projects covering aspects of business, corporate and labour law, and also draw on our expertise and experience in matters concerning tax law.
