Dutch Desk

We put our expertise to work across borders for you.

As neighbouring countries, Germany and the Kingdom of Netherlands cooperate very closely in political, cultural and, especially, economic affairs.

This is obvious from the fact that the Netherlands are regularly a top focus of Germany foreign economic interests. And, in reverse, Germany has been The Netherlands’ most important trading partner for decades.

Good neighbours, important partners.

Better advised - in both legal systems

The intense cross-border exchange between German and Dutch business partners creates a great need for qualified advice in both legal systems. At GÖRG, we established our own Dutch Desk in Cologne in 2007, where a team of now six Dutch-speaking lawyers, who specialise in representing Dutch companies in Germany, are available.

In addition, our Dutch Desk also collaborates with an established network of leading Dutch law firms to represent the legal interests of German companies in the Netherlands. Close collaboration with almost 300 colleagues at all of the other GÖRG offices means that the Dutch Desk can offer superb support to our clients regarding any legal activities, both in Germany and the Netherlands.

Know-how that connects: our Dutch Desk advice

Labour and employment law

We advise Dutch companies on all matters concerning German labour law, and represent them before German courts of labour. In addition to everyday labour law issues, we handle labour law restructurings, in particular the preparation and implementation of labour law company changes, and advise in situations of company transfers. Furthermore, we assist and advise Dutch companies in labour law matters when they acquire German operations and companies - from due diligence under labour law to negotiations of labour law purchase regulations and transfer agreements, as well as structuring company changes based on acquisition concepts, and labour law aspects of the transfer procedure.

Our focuses include:

Arrangement and termination of employment contracts
Litigation, particularly protection against dismissal
Labour law restructuring of companies, including preparing and negotiating reconciliation of interests and social compensation plans
Business transfers including outsourcing
Labour law for company acquisitions and conversions, including due diligence and business changes in accordance with the acquisition concept
Co-determination and works constitution law
Collective agreement law; preparation and negotiation of collective agreements
Insolvency labour law
Company pension schemes, contractual trust arrangements (CTA)

Banking & Finance

Our banking and finance experts offer Dutch clients advice on all matters concerning banking and financial law. Our clients - such as credit institutions and financial investors from the Netherlands - benefit from our extensive experience in successfully managing litigation for credit institutions.

Our services include:

National and international financing of all types
Documentation of credit securities
Legal opinions on German and Dutch law
Restructuring of financing
General banking law, including banking contract law and securities law
Litigation for and between banks, including complex, large-scale law suits
Banking regulation law
Corporate governance and compliance in the financial sector
Investment and capital investment law

Corporate and M&A

Our Dutch Desk lawyers regularly advise Dutch companies and investors on corporate law issues in the two classic areas of the firm's practice: corporate and M&A. For instance, when forming an LLC or an agreement for a joint venture. We also offer comprehensive and competent advice for corporate acquisitions or sales with German target companies.

We can assist you in matters such as:

Establishing companies in any legal form (e.g. public companies or LLC)
“Corporate housekeeping”
Joint ventures
Company acquisitions and sales
Restructuring and reorganisation of companies
Shareholder disputes
Corporate governance
Compliance and internal investigations
Board and directors liability
Corporate litigation and arbitration
Notarial services (Frankfurt am Main and Berlin)
Tax assistance

Energy sector

The German energy sector is in a phase of upheaval, in which market participants have to deal with constantly changing technological and regulatory framework conditions. We advise Dutch energy supply companies, project developers, manufacturers and investors on the acquisition and implementation of energy projects in Germany. We also assist Dutch energy traders, and companies in power-intensive sectors with branches in Germany, with safe navigation through the constantly changing regulatory environment.

Our services include:

Realisation of large investment projects in the energy sector, in particular large fossil fuel plants, offshore and onshore wind farms, and solar parks
M&A transactions in the energy sector (asset and share deal)
Financing of energy projects
Assistance with public approval procedures
Assistance with EU tenders
Network connection regulation, network access regulation and regulation of network charges in the electricity and gas industries
Connection and remuneration obligations, eligibility of renewable energy projects for funding, duration and amount of feed-in remuneration, support in tender procedures
Special compensation scheme under the EEG
Energy management contracts (electricity, gas and (district) heat supplies, storage management and marketing, direct marketing)
Assistance and development in contracting models, tenant flow models and self-supplier solutions
Advice on energy optimisation (energy procurement, own generation, asset management, grid fees, energy efficiency, energy management, energy/electricity tax)
Development of storage solutions and optimisation of storage concepts
Energy trading, control energy marketing, emissions trading, trading with guarantees of origin
Eligibility of CHP plants, heat and cooling networks or heat and cold storage, load balancing under the KWKG, limitation of KWKG surcharge
Representation before regulatory authorities as well as ordinary courts and courts of arbitration
Measuring point operation and Smart Meter roll-out

Commercial law

German-Dutch trade relations are of enormous importance for many companies in both countries. Based on many years of experience, GÖRG advises trade partners on both sides of the border - especially large companies with cross-border and complex commercial relationships - in drafting contracts under German law, and in asserting commercial claims before German courts.

Our advisory specialisations are:

National and international contract law
Preparation of framework contracts, and general terms and conditions
Representation in and out of court
Defence against disputed claims
Drafting of international trade agreements
Product liability cases and commercial register issues
Legal structuring of commercial business operations
UN trade law (CISG), as well as international private law and international jurisdiction of courts

Real estate law

We assist Dutch companies in all core areas of real estate law - for instance, real estate transactions, real estate financing, and construction and plant law for project developments. In addition to this, we advise within the framework of infrastructure projects, architectural and engineering law, and commercial lease law as well as special real estate.

An overview of our services:

Real estate transactions such as the acquisition and sale of real estate and real estate portfolios, due diligence
Real estate financing
Preparation and negotiation of property or share purchase agreements, developer contracts or leasehold law contracts
Project development, in particular the structuring and acquisition of real estate, and obtaining building approvals including building permits
Conclusion of project development and project management contracts, architect and engineer contracts, general contractor and project coordination agreements etc.
Infrastructure projects
Structuring under tax law and corporate law
Preparation and negotiation of financing models
Sale of real estate with simultaneous leaseback (sale and leaseback)
Preparation of rental guarantee and general lease agreements
Preparation and negotiation of commercial rental and lease agreements
Special real estate (e.g. airports, hotels, shopping centres, logistics real estate, high-rise office buildings, industrial facilities, power plants, wind and solar energy farms)
Preparation of brokerage agreements
Advising on brokerage law issues
Notarial services (in Berlin and Frankfurt am Main), including for property purchase agreements, developer contracts, leasehold contracts, residential property law, creation of mortgages
Litigation

Insolvency law and restructuring

GÖRG is a leading German specialist in insolvency law and restructuring. We offer assistance and advice for companies in danger of insolvency, within the framework of self-administration and umbrella protection with the goal of restructuring. Our renowned experts are also appointed as insolvency administrators and receivers in cross-border procedures. In the area of insolvency and restructuring, GÖRG has many points of contact in the Netherlands. We advise Dutch companies that have German subsidiaries in danger of insolvency, and make our comprehensive knowledge available for self-administration procedures.

If necessary, we can draw on an extensive network of Dutch administrators and restructuring experts with whom we work professionally and confidentially to create optimal conditions for the smooth handling of German-Dutch insolvency proceedings, and for successful restructuring. In German insolvency proceedings, we also advise Dutch creditors - for instance, in enforcing their claims or in the event of challenges.

Our consultation services include:

Self-administration and insolvency proceedings, as well as European and international insolvency law
Extra-judicial restructuring
Reorganisation/restructuring
Transferred reorganisation
Continuation and valuation of subsidiaries for foreign companies
Restructuring of complex corporate groups
Restructuring advice prior to insolvency
Preparing and implementing insolvency plans
Advising creditors in insolvency proceedings (examination of insolvency plans, enforcement of claims, defence against rescission claims, enforcement of participation rights)
Advising of creditors in non-performing loans and financing at risk of default