From environmental regulations and public procurement to product regulation, granting subsidies and public approvals of all kinds, public commercial law poses complex challenges for companies and authorities alike.
Drawing on our extensive expertise in environmental and planning law, public procurement law, subsidy and EU state aid law, and energy law, as well as our experience with large infrastructure projects and public-private partnerships, we provide private and public companies, local authorities, and public bodies with advice and support to help them meet legal requirements and ensure the legal compliance of their activities and tasks in this area.
Consulting services in detail
Plant approvals and compliance
- Comprehensive advice on environmental law, advice and representation before authorities in approval and monitoring procedures under the Federal Immission
- Control Act (BImSchG), recycling and waste law, water law and other legal regimes; support with change approvals and notifications as well as in appeal and court proceedings
- Review of approval status and compliance with environmental regulations
- Environmental due diligence reviews for company acquisitions and transactions
- Support with drafting contracts for company acquisitions
Waste management, circular economy law
- Advice on regulatory law under the German Closed Substance Cycle Waste Management Act (KrWG), product-related national and European circular economy law (Packaging Act, EU Battery Directive, etc.) and relevant national regulations
- Drafting of waste disposal contracts, support for public waste disposal authorities and bidders in public procurement and waste management privatisation procedures
- Support for manufacturers, take-back systems and waste disposal companies in the registration, take-back and recycling of packaging, electrical/electronic equipment, batteries and other recyclable waste
- Integrated legal advice for the waste disposal industry in cooperation with experts in corporate law, M&A, contract law, intellectual property law, taxation and external technical consultants
Contaminated sites and soil protection law
- Legal advice on remediation obligations and liability issues in relation to harmful soil contamination and contaminated sites
- Support in drafting property and company purchase agreements (liability clauses and exclusions for soil contamination) and public law remediation agreements
- Representation before authorities and in court
Chemicals and hazardous substances law
- Legal advice on chemical law obligations under REACH and CLP as well as under national chemical law
- Representation in chemical law administrative proceedings before the European Chemicals Agency (ECHA) and national enforcement authorities
- SIEF management
- Representation in liability proceedings and in taking action against competitors' violations of chemical law (competition law and antitrust law)
- Advice on specific substance and product law, e.g. RoHS
- Support in ensuring material compliance in (international) supply chains
JUVE Handbuch 2024/2025
The latest edition of the JUVE Handbook once again lists ESCHE as one of the leading law firms in northern Germany. Dr Jan Christian Eggers is mentioned in particular, having once again been named one of the ‘Top 50 minds in EU state aid law’.
