Public Commercial Law

In the area of public commercial law the experts have been advising and representing both private and public companies, authorities and private clients for many years on all essential legal issues, including EU law. This includes legal representation before administrative and public procurement courts (public procurement tribunals, public procurement divisions of the German higher regional courts) and other courts. In addition, Esche Schümann Commichau advises in close cooperation with the firm’s other consultancy areas in relation to corporate transactions (including due diligence reviews) and investment projects in the real estate sector, in industry and in the field of renewable energies. A long-term focus of ESCHE is the field of public and private waste management.


Our consulting services

Plant licenses and compliance

  • Advising on environmental law pertaining to plants and representation in dealings with authorities in connection with obtaining approvals under the German Emission Control Act (BImSchG), Circular Economy Act (KrWG), water law and other provisions of environment law; providing support in making applications for alteration approvals and notices
  • Reviewing the approval status and compliance with environmental provisions
  • Environmental due diligence reviews in the event of corporate acquisitions and other transactions; providing drafting support for corporate acquisition agreements

Waste management, circular economy

  • Regulatory requirements under the KrWG and the applicable ordinances, drafting waste agreements, providing support in public disposal tenders and waste management privatization processes
  • Advising producers and other entities obliged to take back end-of-life products as well as waste disposal firms and systems in the areas of packaging, electric/electronic devices and batteries on issues of registration, take-back and recycling
  • Providing support to public waste management bodies and return systems in bidding processes, including appeals proceedings before procurement and arbitral tribunals
  • Providing integrated legal advice to companies in the disposal industry in collaboration with experts in the areas of corporate law/M&A, contract law, industrial property rights and tax/auditing as well as external technical advisors (engineering firms)

Contaminated sites and soil protection law

  • Providing legal advice with regard to soil restoration obligations and issues of liability in connection with harmful soil changes and contaminated sites
  • Support in the structuring of sale and purchase agreements of land and companies (liability clauses and exclusions of liability for soil contaminations) as well as public clean-up agreements
  • Representation before public authorities and courts

Chemicals and hazardous substances law

  • Advising in connection with obligations under chemicals law in accordance with REACH and CLP
  • Representation in administrative proceedings regarding chemicals law before the European Chemicals Agency (ECHA)
  • Advising on the law relating to specific materials and products

Procurement law (public procurements)

  • Providing specialist legal advice to public sector tenderees in procurement proceedings including any review proceedings
  • Support of bidders in public procurement proceedings (review of procurement documents, support in drafting the offer, drafting complaints etc.) and in any review proceedings before the procurement courts
  • Clarifying whether orders and changes to contracts are subject to a public procurement requirement and advice on the choice of the correct procurement procedure
  • Providing procurement law advice in connection with privatizations, public-private partnerships and cooperations under public law
  • Providing procurement law support regarding corporate transactions that may have an impact on existing public contracts
  • Training employees of public sector tenderees and bidders on issues of procurement law, and wide-ranging publications

Subsidy law

  • Advice and representation on questions of public funding law under German law and European state aid law
  • Supporting recipients of public funds in complying with their procurement obligations under grant notices or contracts
  • Advising on public funding issues in the context of corporate acquisitions
  • Advising builders and investors on all approval issues under construction law; support in obtaining building rights
  • Clarification of construction law issues and construction approval issues for real property and corporate transactions
  • Legal structuring and review of land-use and master plans
  • Advice and representation in matters concerning preservation orders and restoration law as well as for issues related to social conservation regulations, etc.
  • Advice in dealing with existing contaminated sites and harmful soil changes; representation in official remediation proceedings
  • Negotiation of urban development contracts
  • Structuring of investments
  • Drafting land law agreements and contractual implementation of grid connections
  • Drafting and negotiating project agreements, e.g. supply agreements, general contractor agreements, operating and maintenance agreements
  • Advice and representation in all questions of environmental law, energy law and construction law pertaining to renewable-energies projects
  • Clarification and assertion of connection and payment claims under the German Renewable Energies Act and the Combined Heat and Power Generation Act
  • Drafting and negotiating project finance agreements and collateral agreements
  • Acquisition or sale of renewable energies projects, advice on acquisition or sale structure including legal, tax and financial due diligence review
  • Advising on investments in companies in the fields of clean tech, energy efficiency and energy storage
  • Legal and tax structuring, financing and legal implementation of energy-contracting Projects

We have experience:


  • Photovoltaic Projects
  • Solar-thermal Projects
  • Wind Power Projects
  • Biomass Projects
  • Biogas Projects

We gladly provide the anonymised references upon request.

  • Advice on all obligations in connection with REACH and CLP as well as according to national chemicals law
  • Representation in proceedings at the European Chemicals Agency (ECHA) and before national authorities
  • Management of (product) liability processes
  • Proceedings against chemical law infringements by competitors
  • Advising on the law relating to specific materials and products (e. g. Cosmetics, washing and cleaning agents)
  • Advice and representation before public authorities and administrative courts on issues of trade law, in particular in connection with licenses and other permits as well as with regard to compliance with statutory requirements regarding the activity in question
  • Advising on all questions of European and German data protection law (GDPR, German Data Protection Act)
  • Structuring, advice and representation on legal issues involving publicly and privately held artistic and cultural objects, in particular restitution (return), auctions, export and protection of cultural objects, lending as well as with regard to framework conditions relating to foundation law, corporate law and inheritance law
  • Advice and representation in other questions of European and German commercial administrative law

Your contact persons

Oliver Behn
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Dr. Martin Dieckmann LL.M.
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Jan Christian Eggers LL.M.
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Dr. Jan Boris Ingerowski LL.M.
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Linda Siegert
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