18. August 2023
HFK UPDATE: HFK nomination for Law Firm of the Year Award in Real Estate and Construction Law
We are very pleased to have been nominated for the JUVE Award 2023 as Law Firm of the Year for Real Estate and Construction Law.
22. May 2023
HFK wins landmark court case, invalidating direct award to SAP for state-wide e-procurement system
The Free and Hanseatic City of Hamburg may not directly award an e-procurement software solution to SAP Deutschland SE & Co. KG without a competitive award procedure despite the required SAP integration of the software. SAP, as the uncontested international market leader for Enter-prise Resource Planning (ERP) software solutions, had entered into an ex-clusive cooperation with another e-procurement software company short-ly before the City of Hamburg started their procurement procedure. If con-firmed by the Higher Regional Court of Hamburg, the software giant's in-tended technical unique position for e-procurement solutions could have had a lasting impact on this functioning competitive market, which ac-counts for hundreds of millions of euros in sales.
05. May 2023
HFK update: RED III - new EU directive for renewable energies adopted/Regulations of the EU - emergency regulation for the simplified expansion of renewable energies and grids are now to apply permanently
On March 30, 2023, the European Commission, the European Parliament and the Council agreed on a comprehensive revision of the EU Renewable Energy Directive (RED III).
The European target for renewable energies will be significantly increased from 32.5% to 45% in 2030, with binding targets for the respective sectors. In addition, the adjustments to the RED will also significantly and permanently accelerate approval procedures at the European level.
12. April 2023
HFK Update: On the national Supply Chain Due Diligence Act (LkSG) of 01.01.2023; EU Supply Chain Directive currently under discussion
While the Act on Corporate Due Diligence to Prevent Human Rights Violations in Supply Chains of July 16, 2021 (lieferkettensorgfaltspflichtengesetz- LkSG) has already come into force at the national level on January 1, 2023, the enactment of an EU supply chain act or a corresponding EU directive is currently still under discussion on the European level. To this end, the European Commission presented a proposal for a guideline on sustainable corporate governance (Corporate Sustainability Due Diligence Directive - CSDDD) on February 23, 2022, which is currently being coordinated. The already applicable LkSG and the draft directive have in common that both contain human rights and environmental due diligence obligations as well as requirements for responsible corporate governance, which are to be implemented by the companies falling within the scope of application in order to avoid negative impacts of their business activities in their own field of business as well as in their global supply and value chains.
12. April 2023
HFK Update: Also Hessen decides on its own state climate act - what does that mean for climate protection in municipal procurements?
On January 26, 2023, the Hessian State Parliament passed the first Hessian Climate Act (HKli-maG), which came into force on February 8, 2023. In this law, the state of Hesse undertakes to become climate-neutral by 2045 (Sections 3, 7 HKlimaG).
29. March 2023
HFK Update: Acceleration of approval procedures for wind turbines, PV open-air installations and power grids
The Act on the Implementation of the EU Emergency Regulation (Regulation EU 2022/2577), which aims to further accelerate the procedures for the development of renewable energy and electricity networks for a certain period of time entered into force with its promulgation in the Federal Law Gazette (BGBl. I 2023, No 88 of 28.03.2023).
28. March 2023
HFK Update: BVerwG removes uncertainty regarding the application of the prohibition of disturbance under the species protection law.
With its ruling of October 6, 2022 (Ref.: 7 C 4 21), the Federal Administrative Court has initially eliminated legal uncertainties with regard to the prohibition of disturbance under species protection law.
13. February 2023
HFK Update: Act to accelerate administrative court proceedings in the infrastructure sector passed by the Bundestag
On February 10, 2023, the Bundestag passed the Act on the Acceleration of Administrative Proceedings in the Infrastructure Sector, whose key contents will enter into force immediately after its promulgation.
03. February 2023
HFK Update: EU emergency regulation to speed up approval procedures for wind power and solar plants/ Federal cabinet paves the way for simplified expansion of wind power plants
On December 30, 2022, the EU Emergency Regulation EU 2022/2577 (https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX:32022R2577) came into force, which aims to speed up the process of obtaining permits for the production of energy from renewable energy sources. It will be in effect for a period of 18 months until June 30, 2024, and may be extended thereafter upon proposal by the Commission.
20. December 2022
HFK Update: Federal Administrative Court clears the way for construction work of the Fehmarn Belt fixed link
In its rulings of December 14, 2022, the Federal Administrative Court dismissed the complaints of two environmental associations against the plan amendment resolution of Sep-tember 1, 2021 for the Fehmarnbelt fixed link.