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Our multilingual team is well-versed at advising companies doing business in Germany in all employment and labor law matters they are confronted with. Please do not hesitate to contact us!
German labor law myths – The 10 biggest misconceptions
German labor law is considered highly complex by international standards. There is no doubt that it has some national peculiarities, some of which entail considerable risks. But not everything you hear and read about German labor law is true.
1. The weekly working hours are limited by law to eight hours per day
That is not true across the board. It is true that working hours may not exceed eight hours per day, but they may be extended to up to ten hours per working day if an average of eight hours per working day is not exceeded within six calendar months or within 24 weeks.
2. Fixed-term contracts in Germany may last a maximum of two years
If there is an objective reason for the fixed term, employment contracts may be limited in time for longer periods. There is no upper limit. Substituting someone who is on parental leave is one example of an objective reason.
3. Works councils cannot be dismissed
Members of the works council can be dismissed, but they enjoy special protection against dismissal. Therefore, they can only be dismissed for cause and with the works council's consent. In practice, the dismissal of works council members is thus only considered in the event of serious breaches of duty or a closure of business.
4. Illness protects against dismissal
Employees can also be dismissed while they are ill. Employees may only not be dismissed due to health impairments.
5. A formal warning must be given before any termination of an employment relationship
That is not correct either. As a rule, formal warnings are required prior to an ordinary dismissal being issued for reasons of conduct, but not in the case of dismissals for operational or personal reasons.
6. Notice of dismissal cannot be given without the works council's consent
Wrong! The works council's consent is required only for certain groups of employees, such as for the dismissal of a works council member. Normally, the works council does not have to agree to an employee's dismissal, but must only be informed of the employer's intention to dismiss them. The works council then has the option of objecting to the dismissal, agreeing to it or simply allowing a period of notice to elapse without comment. The works council usually chooses this latter "most diplomatic" option if it has no reason to oppose the dismissal. Regardless of how the works council reacts, the employer may give notice as long as he/she properly informs the works council, even if the works council objects.
7. Every employee who is dismissed receives severance pay in Germany
Severance payments are very common in Germany. However, there is no legal entitlement to severance pay in the event of a dismissal! Severance pay is almost always the result of an agreement between the employer and his/her (former) employee. In order to avoid or end a legal dispute, settlements or contracts that end the employment relationship in return for a severance payment are very common.
8. Additional payment is due for work on Sundays
According to German law, Sundays and public holidays are days of rest on which work should generally not be performed. There are exceptions, though. Where Sunday work is permitted, such as in the food service industry or in certain manufacturing companies, there is no legal entitlement to additional pay, however.
9. Employees who are only temporarily seconded to Germany are subject to German labor law
This is not true. First and foremost, it depends on which law applies to the employee's employment contract. This will usually be derived (by implication) from the employment contract and will be the law of the place of business, i.e. domestic law. Of course, it is advisable to play it safe and expressly agree on the applicability of domestic law before seconding to Germany, if so desired.
Regardless of this, however, there are areas of law that apply in any case when working in Germany, even if the employment relationship as such is not subject to German law. These include, for example, the minimum wage according to the German Minimum Wage Act (MiLoG), the minimum leave according to the German Federal Leave Act (BUrlG), maximum working hours and minimum rest periods according to the German Working Hours Act (ArbZG), as well as German occupational health and safety standards.
Furthermore, it depends on the duration of the secondment: If this lasts longer than twelve months, all working conditions prescribed in German legal and administrative provisions and in generally binding collective bargaining agreements are generally applicable to the employee seconded to Germany.
10. Company sales are permitted only with the works council's consent
No, it is solely the decision of the management whether to sell or not. However, if the sale also involves a significant operational change, e.g. a relocation or (partial) closure of the business, the employer would have to involve the works council in good time.
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FAQs on Labor & Employment Law in Germany
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Every industry has its own peculiarities, whether with regard to specific issues such as collective agreements or work practices and how work is organised. Although they are often generalists, HR staff and in-house employment lawyers need to engage with the relevant sector-specific factors.
Through our employment law practice, we have built up a huge pool of real-world knowledge from across many different industries over the decades. Our 100+ employment lawyers thus not only provide technically outstanding advice, but also practical support for operational and strategic issues, whether working out of our own offices or at your site.
Automotive E-mobility and other major market trends are transforming the way work is organised in the automotive industry. We provide legal support around the associated employment-related changes.
Banking & Finance From structuring remuneration for senior executives to implementing compliance systems in a highly regulated sector, we understand the regulatory requirements and compliance standards that HR departments must meet.
Consumer Goods & Retail These sectors are labor intensive and have tight profit margins. We assist with the deployment of external staff, collective agreements and other specific HR issues.
Energy Employment law aspects of implementing unbundling regulations, and specific employment law issues associated with network acquisitions/concession changes. We bring together specialist knowledge on issues relating to the energy supply sector.
Lifesciences & Healthcare In this multi-faceted field, we advise on employment law in the healthcare sector (hospitals, clinics, medical centres), in the pharmaceutical sector (drug manufacturers) and in the care sector (operators, investors and owners), including facilities run by church organisations, taking due account of the many public law provisions and the special features of church employment law.
Logistics & Transport Last-mile delivery, digital transformation, international operations and new market players. We advise HR departments on employment law, whether with regard to outsourcing projects, service level agreements, software and data protection agreements or when designing new working time and remuneration models.
Manufacturing & Engineering A backbone of the German economy; many special issues arise in the various sub-sectors around negotiating collective agreements or where operational arrangements and works councils span multiple companies. With us as your employment law advisor, you benefit from our in-depth understanding of these issues.
Technology, Media & Communications (TMC) The gig economy and digital business models, plus long experience of advising/representing companies in the media sector, including aspects such as the use of freelancers and employment law exemptions designed to protect editorial freedom. You can rely on our employment law experts to provide excellent advice.
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CMS advises Silver Investment Partners on setting up COHEMI Group
Frankfurt/Main – Consulting firms SIRIUS Consulting & Training, Acuroc Solutions and IQ Solutions have joined forces and will operate as members of the COHEMI Group going forward. The newly formed group will focus on IT, process and organisational consulting services. The aim is to jointly leverage the growth opportunities in the market and create economies of scale at group level. The planned growth will be supported by an investment from Silver Investment Partners (SIP), an independent equity finance investor specialising in medium-sized companies. The existing management of all three companies will remain both operationally and financially involved.A CMS team headed by lead partner Dr Peter Polke advised SIP on all legal aspects of acquisitions made in connection with structuring and expanding the majority stake in the COHEMI Group. Dr Peter Polke previously advised SIP during his time at King & Wood Mallesons. The private equity specialist moved from KWM to CMS with effect from 1 January 2024 and is now reinforcing the private equity practice at CMS. Based in Königstein im Taunus, SIP is an independent equity finance investor for medium-sized companies in Germany, Austria and Switzerland. As an entrepreneurial, experienced and trusted partner, Silver Investment Partners takes majority and minority stakes in companies with revenues of between EUR 5 and 100 million, with a focus on companies in the EUR 10 to 50 million range. The COHEMI Group comprises SIRIUS Consulting & Training GmbH, Acuroc Solutions GmbH and IQ Solutions GmbH. Their operational businesses currently employ almost 100 consultants across four locations in Germany, with the headquarters in Frankfurt am Main. The consulting group’s main focus at present is on IT governance, IT project management, (IT) service management, change management, asset strategy & performance management, data management and software asset and license management. The group intends to steadily expand its portfolio by pursuing a long-term buy-and-build strategy. CMS Germany Dr Peter Polke, Lead Partner
Dr Dirk Baukholt, Principal Counsel
Hanno Brandt, Senior Associate
Julian Buhr, Legal Coordinator, all Corporate/M&A
Carsten Domke, Partner
Jonas Hötzel, Associate, both Labor, Employment & Pensions
Philipp Lotze, Partner
Theresa Lenger, Senior Associate, both IP/IT
Stefan Lehr, Partner, RegulatoryPress Contact
presse@cms-hs. com
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CMS advises Panasonic Europe on reformation of European governance structure
Hamburg – Panasonic, one of the world's leading electronics manufacturers, has changed parts of its organizational set-up towards a new governance structure for certain of its European entities. They opened new branch offices under its Dutch European headquarter entity, Panasonic Europe B.V. in the UK, Spain and Poland. In Spain and Poland, the staff and certain assets of the existing branch offices of German Panasonic Marketing Europe GmbH have been transferred to the new branches as of 1 April 2024. An international CMS team led by Dr Eckart Gottschalk and Dr Philipp Koch provided comprehensive legal advice to Panasonic on this transaction. The focus was on corporate and employment law advice and the coordination of the various steps in different jurisdictions. CMS Germany worked once again closely with CMS firms from the UK, Spain, Poland and the Netherlands. With its renewed organizational set-up, Panasonic is streamlining its governance structure across Europe. The Panasonic Group, founded in 1918, is today a global leader in developing innovative technologies and solutions for wide-ranging applications in the consumer electronics, housing, automotive, industry, communications and energy sectors worldwide. The Panasonic Group switched to an operating company system on April 1, 2022 with Panasonic Holdings Corporation serving as a holding company and eight companies positioned under its umbrella. The Group reported consolidated net sales of 8,378.9 billion yen (approx. 59.4 billion Euro) for the year ended March 31, 2023. CMS Germany Dr Eckart Gottschalk, Lead Partner, Hamburg
Dr Philipp Koch, Counsel, Hamburg
Sonja Schanze, Associate, Hamburg
Tjorben Drawe, Associate, Hamburg, all Corporate/M&A
Dr Daniel Ludwig, Partner, Hamburg
Dr Jacob Hinze, Counsel, Hamburg, both Employment law CMS UK Nick Crosbie, Partner, London
George Yuill, Senior Company Secretary, London, both Corporate/M&A CMS Spain Luís Miguel de Dios, Partner, Madrid
Aleksandra Czajka, Senior Associate, Madrid, both Corporate/M&A
María José Ramos Aguilar, Senior Associate, Madrid, Employment law CMS Poland Olga Czyzycka-Szczygiel, Counsel, Warsaw
Magdalena Mentrak, Associate, Warsaw, both Corporate/M&A
Michał Tutaj, Senior Associate, Warsaw, Employment law CMS Netherlands Britt Straat, Candidate civil law notary, Amsterdam Panasonic Europe Volkhard Pfaff, General Counsel, Wiesbaden
Daniela Gardiner, Head of Legal Local Sales Operations, Bracknell
Claudia Neif, Head of Legal DACH, Wiesbaden
Paulina Prugar, Senior Legal Counsel, Warsaw
Jaime Corderas, Senior Legal Counsel, Barcelona
Markus Rein, HR-Director, Hamburg
Christian Konertz, Employee & Labor Relations Manager, HamburgPress Contact
presse@cms-hs. com
CMS advises Main Street Capital Corporation on the acquisition of Maass...
Hamburg/Stuttgart – Main Street Capital Corporation, a publicly traded financial investor based in Houston, Texas, has acquired Maass Global Group through one of its portfolio companies, Gulf Manufacturing, LLC. The Essen-based company is a global leader in the manufacture and sale of flanges and forged specialty products, forged steel bars, seamless tubes and fittings made of duplex, stainless steel and high-nickel alloys. In addition to its headquarters in Essen, the Maas Global Group has further locations in the Netherlands, the United Kingdom, India, Singapore and the United Arab Emirates.A CMS team led by Dr. Eckart Gottschalk and Dr. Kai Wallisch provided comprehensive legal advice to Main Street Capital Corporation on this transaction. In addition to corporate law advice, the focus was on the legal implementation of the financing. As part of the transaction, CMS Germany worked closely with CMS law firms from the Netherlands, Singapore and the United Arab Emirates as well as the American law firm Locke Lord and AZB & Partners from India. Main Street Capital Corporation is a publicly traded investment company with a market capitalization of approximately USD 3.9 billion. It specializes in long-term financing of middle-market companies in various industries through management buyouts, recapitalizations, growth financing and acquisitions. With the investment to acquire Maas Global Group, Main Street Capital Corporation is deepening its existing investment in the manufacturing of flanges, fittings and other specialty products for industrial applications. CMS Germany Dr. Eckart Gottschalk, Lead Partner
Dr. Kai Wallisch, Lead Partner
Dr. Paul Kintrup, Senior Associate
Militsa Decheva Petrova, Senior Associate
Dr. Alexander Weinhold, Senior Associate
Tjorben Drawe, Associate
Sonja Schanze, Associate
Kathrin Dengel, Associate, all Corporate/M&A
Dr. Marc Seibold, Partner
Anne Waßmuth, Counsel
Carla Kaeber, Associate, all Banking & Finance
Dr. Hans Fabian Kiderlen, Principal Counsel
Theresa Friedle, Associate, both Real Estate & Public
Dr. Michael Kraus, Partner
Thomas Fröhlich, Counsel, both TMC
Dr. Jacob Hinze, Counsel, Employment Law
Dr. Martin Mohr, Partner, Tax
Christoff Henrik Soltau, Partner
Dr. Robert Bodewig, Senior Associate, both Antitrust, Competition & Trade
Kai Neuhaus, Partner
Moritz Pottek, Counsel, both Brussel EU Law Office CMS Netherlands Roman Tarlavski, Partner
Maarten Feenstra, Associate
Fleur Assendelft de Coningh, Associate
Anne Fleur Krijthe, Candidate civil law notary CMS Singapore Toby Grainger, Partner
Leslie Tay, Associate CMS UAE Patrik Daintry, Partner
Fawzi Oueidat, Associate Locke Lord Greg Heath, Partner
Nicholas Jennings, Partner
Jason Ulezalka, Partner
Case Towslee, Associate
Jake Chagoury, Associate
Mason Marek, Associate AZB & Partners Srinath Dasari, Senior Partner
Gautam Rego, Partner
Yash Anand, Associate
Gopika Menon, AssociatePress Contact
presse@cms-hs. com
CMS advises SEFE on all aspects of acquiring WIGA Group
Hamburg – SEFE Securing Energy for Europe GmbH (SEFE) has acquired all the shares in WIGA Transport Beteiligungs-GmbH & Co. KG (WIGA) from its co-shareholder Wintershall Dea AG. The transaction is currently awaiting approval from the competition authorities. SEFE is wholly owned by the Federal Republic of Germany. WIGA owns regulated gas pipeline operators GASCADE Gastransport GmbH and NEL Gastransport GmbH, who operate one of the largest high-pressure gas networks in Germany with a combined length of around 4,150 kilometres. These networks have a key role to play in European energy security and the green energy transformation. The transaction will strengthen SEFE in its role of ensuring secure and reliable energy supply in Germany and Europe, as well as boosting its hydrogen expertise.“With the full acquisition of WIGA as sole shareholder, we are strategically strengthening SEFE as an independent and autonomous midstream company,” commented Reinhard Gorenflos, Chairman of the SEFE Supervisory Board.“SEFE being the sole shareholder of WIGA will ensure that GASCADE can convert the existing high-performance infrastructure to hydrogen in the future. In this way, we can help drive forward the green energy transformation. Transportation infrastructure is a pivotal part of the future hydrogen value chain,” said Dr Egbert Laege, CEO of SEFE. “The two WIGA subsidiaries, GASCADE and NEL, will continue to operate independently and market their capacity in a transparent and non-discriminatory manner.”SEFE CFO Dr Christian Ohlms highlighted the importance of WIGA with regard to the privatisation of SEFE, which is due to take place by the end of 2028: “With this transaction, which is expected to complete by summer 2024, we are strengthening SEFE’s asset base. Our aim is to continue the long-term development of SEFE on a stable financial footing.”A multinational CMS team headed by Hamburg-based partner Dr Holger Kraft advised SEFE on all aspects of acquiring WIGA. In addition to extensive due diligence on the entire WIGA Group, including GASCADE and NEL, which are regulated under energy law, this work covered negotiation of the share purchase agreement and separate agreements with the shareholders of Wintershall Dea AG. Alongside negotiating the transaction agreements, the advice focused on safeguarding the transaction through several W&I insurance agreements, including negotiating the policies, and handling regulatory issues relating to gas network operation and other public-law matters. CMS Germany worked closely with the CMS law firms in the UK and Luxembourg, and with US law firm Faegre Drinker Biddle & Reath LLP. CMS previously advised the Federal Network Agency (BNetzA) and the Federal Ministry for Economic Affairs and Climate Action in 2022 and 2023 around their trusteeship over SEFE and its subsequent nationalisation by way of corporate actions. The instructions for this transaction followed on from that successful cooperation. About SEFE:As an integrated midstream energy company headquartered in Berlin, SEFE Securing Energy for Europe ensures the security of energy supply in Germany and Europe and is driving the green energy transformation. SEFE is active in trading & portfolio management, sales, transportation and storage of energy and has its strongest presence in Germany and the UK. SEFE employs around 1,500 people and supplies over 50,000 customers, in particular industrial customers and municipal utilities in Germany and seven other European markets. With a sales volume of around 200 TWh of power and gas, SEFE plays a central role in stability of the energy supply in Germany and Europe. SEFE is owned by the Federal Government of Germany. CMS Germany Dr Holger Kraft, Lead Partner
Dr Jan Schepke, Partner
Matthias Sethmann, Principal Counsel
Dr Dirk Baukholt, Principal Counsel
Charlotte von der Heydt-von Kalckreuth, Counsel
Dr Stefan Kühl, Senior Associate
Dr Paul Kintrup, Senior Associate, all Corporate/M&A
Dr Rolf Hempel, Partner
Dr Friedrich von Burchard, Partner
Nicole Köppen, Senior Associate, all Regulatory
Dr Hermann Müller, Partner
Dr Arno Görlitz, Associate, both Public Commercial Law
Dr Martin Mohr, Partner
Dr Olaf Thießen, Principal Counsel, both Tax
Dr Alexandra Schluck-Amend, Partner
Manuel Nann, Senior Associate
Pit-Johannes Wagner, Associate, all Restructuring
Dr Andreas Hofelich, Partner
Dr Mario Brungs, Counsel
Dr Lena Pingen, Associate, all Employment/Pensions
Dr Fritz von Hammerstein, Partner
Jan Gröschel, Senior Associate
Heike Weyer, Senior Associate, all Public Law
Dr Stefan Voß, Partner
Tamara Bux, Associate, both Real Estate
Dr Sebastian Cording, Partner
Martin Krause, Partner
Dr Shaya Stender, Associate
Joel Coché, Associate, all Commercial
Dr Julia Runge, Principal Counsel, Finance
Dr Michael Bauer, Partner
Christoff Henrik Soltau, Partner
Dr Robert Bodewig, Senior Associate
Luisa Thomasberger, Associate, all Antitrust, Competition & Trade CMS UK Russel Hoare, Partner
Sam De Silva, Partner
Jean-Francois Willems, Of Counsel
Jennifer Louch, Senior Associate
Maximilian Weaver, Senior Associate
Louisa Mottaz, Associate CMS Luxembourg Angelique Eguether, Senior Associate
Guillaume Flagollet, Managing Associate Faegre Drinker Biddle & Reath LLP (USA) Mollie D. Sitkowski Inhouse at SEFE Securing Energy for Europe GmbH Dr Jörg Kammerer
Jörn RimkePress Contact
presse@cms-hs. com
CMS advises sellers of Cardior Pharmaceuticals on potential acquisition...
Munich – CMS advises the sellers of Cardior Pharmaceuticals in the potential acquisition of the company by Novo Nordisk. Novo Nordisk has agreed to acquire Cardior for up to 1.025 billion Euros, including an upfront payment and additional payments if certain development and commercial milestones are achieved. The agreement includes Cardior’s lead compound CDR132L, currently in phase 2 clinical development for the treatment of heart failure. The closing of the acquisition is subject to receipt of applicable regulatory approvals and other customary conditions. It is expected to happen in the second quarter of 2024.A CMS team headed by Lead Partners Stefan-Ulrich Müller, Dr Tilman Weichert and Jörg Schrade advised the sellers of Cardior Pharmaceuticals on all legal aspects of the transaction. Cardior Pharmaceuticals GmbH, based in Hannover, Germany, is a leading clinical-stage biopharmaceutical company pioneering the discovery and development of RNA-based therapeutics designed to prevent, repair and reverse diseases of the heart. The company’s therapeutic approach uses distinctive non-coding RNAs as an innovative platform for addressing the root causes of cardiac dysfunctions. CMS Germany Stefan-Ulrich Müller, Lead Partner
Dr Tilman Weichert, Lead Partner
Dr Michael Wangemann, Partner
Dr Kai Wallisch, Partner
Dr Thomas Mühl, Principal Counsel
Sebastian Hummel, Senior Associate
Viktoria Barthel, Senior Associate
Marielouise Emmer, Senior Associate
Dr Carl-Friedrich Thoma, Senior Associate
Dr Stefan Kühl, Senior Associate
Dr Alexander Weinhold, Senior Associate
Maria Kucher, Associate
Jonas Ohmann, Associate
Dr Josephine Doll, Associate
Dr Christian Seeburger, Associate
Sonja Schanze, Associate, all Corporate/M&A
Dr Marie-Luisa Loheide, Associate, Private Clients
Jörg Schrade, Lead Partner
Eduard Kosavtsev, Senior Associate, both Tax
Stefan Lehr, Partner, Antitrust, Competition & Trade
Stefan Lüft, Partner, IP
Dr Benedikt Forschner, Partner, Labor, Employment & Pensions
Dr Markus Kaulartz, Partner
Dr Fiona Savary, Counsel
Dr Felix Glocker, Senior Associate, all TMC
Dr Tilman Niedermaier, Partner
Susanne Schwalb, Partner, both Dispute ResolutionPress Contact
presse@cms-hs. com
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CMS advises on project financing for land-based terminal in Stade
Hamburg – Hanseatic Energy Hub GmbH (HEH) has achieved financial close for the project financing to develop and realise the planned terminal for liquefied gases in Stade. Total investment is some EUR 1.6 billion. Achieving financial close represents a major milestone for Hanseatic Energy Hub GmbH’s land-based terminal.A multi-disciplinary and multi-location CMS team headed by Dr Hilke Herchen and Dr Holger Kraft advised Hanseatic Energy Hub GmbH on developing the project and on preparations to secure the project financing. This included corporate law advice with a particular focus on developing and optimising corporate governance, and on the associated links to the project financing. This advice marks a continuation of the existing close cooperation between HEH and CMS. The CMS team has been providing advice on an ongoing basis since the start of the project, with support for project development around corporate, operation & maintenance and real estate matters in particular. This has included advising on various shareholders joining the project, with a recent example being Enagás S.A. as industrial partner in June 2023. The CMS team conducted a comprehensive due diligence check to put the project financing on a solid footing. The first expansion phase of the project will see an emission-free terminal begin operating in 2027. Its infrastructure is also approved for bio-LNG and synthetic natural gas (SNG). At a later stage, the project will be switched over to hydrogen-based energy carriers such as ammonia. The planned regasification capacity is 13.3 billion cubic metres per year and the send-out capacity is 21.7 gigawatt. From March 2024 until the onshore terminal becomes operational, Hanseatic Energy Hub GmbH will also accommodate one of the five FSRUs (Floating Storage and Regasification Units) chartered by the German federal government. CMS Germany Dr Hilke Herchen, Lead Partner
Dr Holger Kraft, Lead Partner
Matthias Sethmann, Principal Counsel
Dr Luise Pelzer, Counsel
Dr Stefan Kühl, Senior Associate
Dr Carl-Friedrich Thoma, Senior Associate
Dr Josephine Doll, Associate
Dominic Zimmer, Associate
Dr Christian Seeburger, Associate, all Corporate/M&A
Dr Fritz von Hammerstein, Partner
Katja Meisel, Senior Associate
Jan Gröschel, Senior Associate, all Permitting
Martin Krause, Partner
Dr Sebastian Orthmann, Partner
Dr Hans Fabian Kiderlen, Principal Counsel
Christopher Schmeckel, Senior Associate
Wiebke Westermann, Associate, all Real Estate
Dr Friedrich von Burchard, Partner, Energy & Climate Change
Dorothée Janzen, Partner
Christoph Zarth, Partner
Robin Azinovic, Associate, all Commercial
Dr Kerstin Block, Partner, Banking & Finance
Dr Martin Mohr, Partner
Dr Olaf Thießen, Principal Counsel, both Tax
Dr Sebastian Cording, Partner
Dr Anna Lena Füllsack, Senior Associate, both TMC
Dr Michael Bauer, Partner
Luisa Thomasberger, Associate, both Antitrust, Competition & Trade
Dr Philipp Nonnenmühlen, Counsel, Labor, Employment & Pensions
Dr Martin Gerecke, Partner, IP
Birgit Wagner, Legal Manager, Smart OperationsPress Contact
presse@cms-hs. com
Social Media cookies collect information about you sharing information from our website via social media tools, or analytics to understand your browsing between social media tools or our Social Media campaigns and our own websites. We do this to optimise the mix of channels to provide you with our content. Details concerning the tools in use are in our privacy policy.