GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr
tible to crises in the past 12 months. Geopolitical tensions (eg, between Russia and Ukraine) led to production stoppages, supply chain disruptions and increased costs. To enhance resilience, sup- ply chains are being diversified, and investments in renewable energy are increasing. This is sup- ported by government measures and techno- logical innovations. 1.3 Post-Crisis M&A In past crises, there have been the following notable examples of acquisitions, in particular. • Noerr advised the Schwarz Group during the second financing round for the start-up Aleph Alpha. The challenge in this matter stemmed from the need to design complex structures in the areas of corporate, digital, tax and non- profit law, and particularly from structuring the open-source research associated with the investment. • Noerr has advised numerous companies, such as Mercedes-Benz, on the sale of their Russian business activities due to Russia’s invasion of Ukraine in 2022 and the corre- sponding sanctions imposed by the EU. These examples highlight how major German companies have actively used acquisitions to adapt and strengthen their operations in response to the challenges and opportunities that have emerged from recent crises. 2. National Legal Framework 2.1 Legal Framework The primary laws governing crisis management in Germany include the following. • The Constitution of the Federal Republic of Germany ( Grundgesetz , or GG) provides
a framework for crisis responses. The GG stipulates that disaster control/relief is the responsibility of the federal states. However, special provisions allow disaster relief efforts by federal authorities in the event of natural disasters and accidents. • Each of the 16 German federal states has its own legislation on disaster management, specifying the roles and responsibilities of local authorities in crisis situations. • The Civil Defence and Disaster Relief Act ( Gesetz über den Zivilschutz und die Katastro- phenhilfe des Bundes , or ZSKG) regulates the protection of the population in the case of crises, and defines the framework for disaster assistance in the event of natural disasters and major emergencies. • The Act on Fire Protection, Assistance and Disaster Control ( Gesetz über den Brand- schutz, die Hilfeleistung und den Katastro- phenschutz , or BHKG) regulates fire protec- tion and disaster control measures at state level and the duties of local authorities. • The German Civil Code ( Bürgerliches Gesetz- buch , or BGB) contains special clauses on force majeure. These clauses allow compa- nies to modify or suspend contracts in the case of natural disasters and other unforesee- able events. • The Environmental Damage Act ( Umweltschadensgesetz , or USchadG), the Environmental Liability Act ( Umwelthaf- tungsgesetz , or UmweltHG) and the Federal Soil Protection Act ( Bundesbodenschutzge- setz , or BBodSchG) are relevant for man- made crises, such as industrial accidents. • The Federal Emission Control Act ( Bundesim- missionsschutzgesetz , or BImSchG) is rel- evant for man-made crises, such as industrial accidents. • The Infection Protection Act ( Infektionss- chutzgesetz , or IfSG) defines safety measures
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