Sustainable industrial plants: not a question of “if”, but “how”.
The manufacturing industry, the cornerstone of the German economy, is under enormous pressure to transform. This presents a challenge to everyone involved, from investors to employees, and at the same time offers an opportunity worth seizing.
The restrictions brought in to manage the coronavirus pandemic have accelerated this transformation. For instance, they have triggered digitalisation processes and changes in the world of work, production and the mobility sector. There is less need for office space and meetings now take place on-screen at home.
The pandemic disrupted supply chains for raw and building materials, computer chips and precious metals and exposed bottlenecks and geopolitical dependencies. The renationalisation of key industries as well as the reorganisation of production are being discussed as potential solutions.
The transition to green energies that governments are pushing for is also disrupting existing structures. As consuming energy becomes more expensive, innovations and future technologies are more worthwhile than ever. Regulations such as the “Fit for 55” package included in the European Commission’s Green Deal are forcing business enterprises to reduce their CO2 emissions. With EU climate tariffs making imports more expensive, shifting production to non-EU countries is no longer a solution. Affordable electricity is becoming a key factor in choosing a location and requires the expansion of renewable energies and suitable infrastructure to transport, store and convert them.
To tackle these challenges and to build industrial plants that are sustainable and fit for the future, firms need advisers who understand the entire scope of the tasks at hand. This is the purpose of GSK Stockmann’s DenkFabrik. This involves integrated teams of specialists working under the guiding principle of “The Industrial Perspective” to support you with entrepreneurial foresight in all relevant legal issues arising in the life cycle of an industrial plant.
The 360° DenkFabrik for your industrial plant
Our 360° advisory approach ensures that a specialised and internationally experienced team is at your side for any issue that arises. The lawyers and notaries in your team work together seamlessly across locations and disciplines. They are always able to look at things from the client’s perspective, meaning that they have your needs in mind with regard to success, costs and pragmatic solutions. In a nutshell: The Industrial Perspective.
Permits and environmental requierements
GSK Stockmann’s strong public law teams – for procurement and state aid law, environmental and planning law, but also for all other matters relating to commercial administrative law – are on board to create the conditions for the legally watertight approval and smooth operation of your plant.
Construction and project development
Many of the major development projects in Germany pass over the desk of a GSK lawyer. Combined with many years of experience in plant engineering and in working with industrial companies and municipalities, our team could not offer a better foundation for sustainable industrial plants and real estate.
Dispute resolution, international arbitration proceedings
Disputes are our area of expertise: between investors and banks. Between suppliers and recipients. Between construction firms and their clients. And much more. One of the largest dispute resolution teams in the German-speaking world is at your disposal to represent you in and out of court, before arbitration tribunals as well as in adjudication and conciliation proceedings.
Personnel and operations
Employees and managers, shareholders, managing directors and supervisory board members are the engine of the manufacturing industry. Our employment law practice advises you on individual and collective employment law as well as data protection. You can call on our mediators for conciliation proceedings.
Intellectual property and competition
IT issues, advice on and the management of large trademark portfolios fall within the remit of our IP/IT practice, which also represents international industrial companies in competition and trademark disputes in court all the way up to the German Federal Court of Justice and the European Court of Justice.
Industrial plants and real estate: making every phase a success.
Just like any real estate property, every industrial plant has a life cycle. It starts with a business idea and goes through many stages from planning, construction and the operating phase, before reaching an end point and a new beginning through closure or sale. Our 360° approach supports you in each of these phases with specific advisory services.
Whether you are an investor, a local authority or a manufacturing company, whether you are expanding or pulling back, our lawyers will lay the groundwork for you to make viable decisions with their relevant specialist and industry experience. Read on to find out more about the kind of projects we can assist you with.
Phase 1: Strategic planning and project planning
The first phase involves specifying the strategic idea in concrete terms. You find a location, draw up plans for the plant and determine the level of investment required.
Our services at a glance:
- Support during site search/acquisition of land rights
- Corporate law
- Reviewing insurance offers, e.g. contractors’ all risks (CAR) insurance
- Checking the approval requirements
- Support in urban land-use planning
- Involvement in the initial status report on the soil and business site
- Communication with residents, politicians, authorities and other stakeholders
Phase 2: Implementation of the industrial assignment
The second phase actually puts the industrial project into practice. To do this, you need to find the right project team, go about procuring land or rights of use and obtain the necessary permits. Then you need to prepare the procurement and construction process.
Our services at a glance:
- Management of the approval process
- Participation in the preperation of approval documents, coordinating with experts
- Reviewing the ancillary provisions of the permit, appeal procedure
- Support in the purchase of the land/signing of these lease
- Participation in the procurement of equipment (draf contract, award/tender process, negotiations)
- Support in the tendering of the project management and planning services (draft contract, award/tender process, negotiations)
Increased efficiency and economic growth have ensured that more people are well off today than ever before. To keep it that way, we need to plan industrial production to be sustainable.Dr. Oda Wedemeyer, Lawyer
Phase 3: Construction and commissioning
The third phase is the implementation phase. You construct the blast furnace, set up the painting line and put the new facilities into operation. You need to respond to setbacks and incidents, liaise with the approval authority, assert your requirements and obtain the necessary certifications.
Our services at a glance:
- Support in the tendering of construction and installation services (draft contracts, award/tender process, negotiations)
- Legal advice throughout construction
- Legal interface management
- Contract and (anti-)claim management
- Employment law
Phase 4: Operation, maintenance, modification
The fourth phase concerns the development of the the industrial plant or property as an asset. The plant must operate effectively, the contracts must work and the plant must remain functional. One key challenge is safeguarding against internal and external disruptions and liability cases and protecting intellectual property. As a sparring partner for legal departments, we ensure that you are prepared for any challenge.
Our services at a glance:
- Corporate Real Estate Management (CREM)
- Support in the tendering of the O&M contracts (draft contract, award/tender process and negotiations)
- Legal interface managementOrganisation of environmental/occupational health and safety, review of operating instructions
- Review of the reporting obligations for the plant operation
- Distinction between maintenance and modifications under planning and approval law
- Optimising the business organisation in terms of liability
- Legal incident management
- Reviewing subsequent orders from the approval authority
- Competition law
- Supply and purchase contracts
- Product approval, product safety and product liability
- Advice on road safety obligations
- Advice on employment and occupational safety law
- Plant-related fine procedures
- Legal support in the rectification of defects, warranty management, management of collateral provided by the contractor and claim management
Industrial companies develop innovations that make life better and produce them on a large scale. We help ensure that you comply with all legal requirements while doing so.Lars Bollensen, Lawyer
Phase 5: Decommissioning, dismantling, disposal
Even once the operating phase of a plant comes to an end, there is still a lot to do. Decommissioning, dismantling and disposing of an industrial plant requires not only clean-up work, but also a long list of contractual as well as administrative and environmental tasks. GSK Stockmann’s industry team helps to ensure that the end of the plant is not a dead end, but that the way is clear for subsequent use.
Our services at a glance:
- Verification of the proper cessation of operations in accordance with the Immission Control Act and the permit conditions, in particular the restoration and remediation of the site
- Employment law: Redundancy plan, mass dismissal notice
- Assistance in the sale of assets
- Support in the tendering of the dismantling, demolition and disposal contracts (draft contract, award/tender process, negotiations)
- Legal support for subsequent use
- Advising on the conclusion of sale-and-leaseback agreements and on purchase agreements for the business premises including vendor due diligence
- Review of the property rights situation, in particular also of the neighbouring properties due to possible obligations regarding the removal of granted easements from the land register plus further reviews under land register law in the event the production site is abandoned
We are your partner throughout the entire life cycle of your industrial plant or property.
Book a consultation appointment today – our team looks forward to hearing from you!