Frankfurt am Main, 11.09.2020
GÖRG Partnerschaft von Rechtsanwälten mbB advised the City of Frankfurt am Main on the reassignment of the strategic partnership in Frankfurter Entsorgungs- und Service GmbH (FES) under the lead management of Prof. Dr. Horn, partner at GÖRG in Frankfurt am Main. Since it was not the service level but rather the share of the private partner in the FES that was put up for competition, a construct under public procurement law was found with the support of the EU Commission in order to maintain the model of a public-private partnership that has existed in the waste sector in the city of Frankfurt am Main since 1998. The focus of the cross-location team of lawyers was on advising the project in terms of public procurement law, including advice on corporate law, tax law and antitrust law.
In an EU-wide pilot award procedure, the city of Frankfurt am Main invited tenders for 49 percent of the shares in FES as part of an M&A process. The earnings volume of the transaction over the twenty-year contract period will be approximately EUR 2.4 billion. The procedure was conducted in close coordination with the EU Commission.
Remondis was able to prevail over highly qualified competitors from the waste disposal industry in this competitive process.
For the city and the FES, the agreement and the conclusion of the new partnership mean planning security, for the citizens high-quality waste collection and disposal as well as city cleaning and, last but not least, a secure job for the 1,876 FES employees. In addition to the contractual guarantees for FES provided by the three synchronized contracts, the tendering procedure placed high technical and ecological demands on the partner.
Furthermore, the economic advantages that the City of Frankfurt am Main will gain from the conclusion of the contract should also be emphasized. In addition to the one-time proceeds from the sale, the city is also securing fee stability for its citizens for the coming years.
Advisors City of Frankfurt
GÖRG Partnerschaft von Rechtsanwälten mbB
Prof. Dr. Lutz Horn, mandate-managing partner, Frankfurt am Main
Dr. Heiko Hofmann, Partner, lead management Procurement Law, Frankfurt am Main
Petra Keckemeti, Counsel, Contract Law, Frankfurt am Main
Alexander Pustal, Associate, Procurement Law, Frankfurt am Main
Dr. Matthias Menke, Partner, lead management Corporate/M&A, Frankfurt am Main
Dr. Lars Weber, M.C.L. Partner, Corporate/M&A, Frankfurt am Main
Taro Stenger, Associate, Corporate/M&A, Frankfurt am Main
Dr. Adalbert Rödding, LL.M., Partner, Tax, Cologne
Dr. Christian Bürger, Partner, Antitrust Law, Cologne
Gunther A. Weiss, LL.M. (Yale)
Prof. Dr. Claus Pegatzky
Dr. Julian Lemor
The FES Group consists of the parent company FES GmbH and six subsidiaries. The largest waste management company in the Rhine-Main region today employs around 1,876 people. With the driver-loader concept, the four-day week and the performance-based pay system, FES is setting trends throughout the industry and has made a name for itself throughout Germany.