Airports

Airports often have to deal with specific legal issues arising from their particular business model and the strict regulatory framework in which they must operate. Our clients include the majority of the international German commercial airports, and we have worked with some of them for several years. This has given us a profound understanding of the operational and economic processes of an airport and the relevant regulations that must be adhered to.

 

The broad range of professional expertise in our practice enables us to support airports on virtually all legal issues. This includes construction law, property and procurement law as well as EU state aid rules, competition law and public law. Our expertise in corporate and employment law complete the advisory services that we offer.

 

Advisory services

 

  • Construction and Property Law: Structuring and packaging of projects in compliance with the Sector Ordinance, structured financing (leasing und contracting), construction site safety and construction employment law, project manager and planner agreements and agreements with operating companies, contract management and anti-claim management, leasing and rental agreements, out-of-court conflict resolution and partnering
  • Procurement Law: Preparation and implementation of procurements and concessions above and below the EU thresholds, awards under the German regulations on ground handling services at airports (BADV), representation in review proceedings
  • EU State Aid Law: Representation in the main examination proceedings and notification proceedings, advising on state aid, Airport Guidelines 2014, representation before the European community courts (ECJ and Court of First Instance)
  • Competition Law: Advising on the drafting of agreements and partnerships to ensure that they conform with competition law, advising on the avoidance of allegations of improper conduct where a client holds a market dominating position
  • Public Law: Advice and process management in proceedings under the German regulations on ground handling services at airports (BADV), advice and process management in proceedings relating to charging systems, advising on environmental law, in particular soil protection law, advising on air traffic regulation issues, advice and representation in planning approval procedures  
  • Compliance: Drafting of airport-specific e-compliance systems, including training and e-learning

 

Selected references

 

  • Frankfurt am Main Airport: Comprehensive construction law support in relation to the new building of a terminal as well as advising on the provision and operational management of a passenger transport system (PTS) on the client side

  • Leading Airline: Advising on the implementation of an infrastructure project during normal operation including the renewal of the logistics system

  • Munich Airport: Comprehensive procurement and construction law advice in relation to the optimisation and extension of an existing terminal building as well as the extension of the suburban railway tunnel as a result of the “Erding Circular” (“Erdinger Ringschluss”)

  • Several German commercial airports: Representation in state aid proceedings before the European Commission as well as drafting of documentation in conformity with EU law

  • State aid providers: Represenation before the European Courts in connection with state aid for airports

  • Major German airport: Provision of state aid advice on infrastructure projects

  • Düsseldorf Airport: Development of a comprehensive airport-specific e-compliance system

  • Several German commercial airports: Advising on and representation in tenders for services in accordance with the German regulations on ground handling services at airports (BADV), drafting of agreements

  • Several German commercial airports: Advising on the construction and design of tank storage facilities and other infrastructure facilities

 

Members of this sector group