Dr. Tibor Fedke, LL.M.

Rechtsanwalt
Partner
Practice Group: Corporate/Mergers & Acquisitions
Practice Group: Energy

Tibor specialises in complex multijurisdictional commercial transactions and corporate structuring. He has a long-standing experience in advising clients in the regulated industries (including energy & infrastructure - energy and energy-intensive industries, infrastructure and public sector enterprises).

Expertise

  • Transactions, mergers and acquisitions, joint ventures
  • Regulated industries, energy and infrastructure
  • Corporate governance/corporate structuring

Career

  • Legal studies in Berlin (Germany), Liverpool (United Kingdom), Sydney (Australia)
  • Thesis on corporate governance in international corporate groups
  • Experience as a lawyer with an international law firm in Berlin
  • At Noerr since 2010 
  • Admitted to the Berlin Chamber of Lawyers

Selected Projects

  • Kapsch TrafficCom & eventim: Advising in public tender re German small vehicle tolling system and the consequential litigation following the winding up of the project (2017-2020)
  • Gegenbauer: Advising corporate reorganizations and various transactions (2016-2020)
  • STEINEL Group: Advising sale to Adcuram (2019)
  • Plenium Partners: Advising on purchase of five solar parks in Spain from KGAL (2019)
  • Nordic Capital and its IT security provider Conscia: Advising on the acquisition of xevIT (2019)
  • Wumei: Advising on the takeover of the majority stake in METRO China (2019)
  • Flughafen Berlin Brandenburg GmbH: Advising on acquisition of ExpoCenter Airport Berlin Brandenburg GmbH (2019)
  • CEMEX Group: Advising on sale of Scandinavian and Baltic business to Schwenk and sale of certain sites in the Northern and North Western part of Germany to Günter Papenburg Group (2019)
  • NNE A/S: Advising on the sale of German, Swiss and Belgian subsidiaries NNE GmbH, NNE AG and NNE SA to the German TTP group (2019)
  • Swisspower Renewables: Advising in general corporate, m&a and energy related matters, including repowering projects and joint ventures (2012-2019)
  • Axcel: Advising this Danish fund in several transactions in Germany and CEE (2016-2019)
  • Veolia: Advising on several transactions, most currently sale of 24.8% in the municipal utility company BS|ENERGY to Thüga by way of a tender process (2018)
  • GPV International: Advising on the takeover of the Swiss CCS Group from Zurmont Madison which was advised by Patrimonium Private Equity (2018)
  • Aurelius Equity: Advising on the takeover of the VAG Group, an international supplier of industrial valves in the water infrastructure sector, from Rexnord Group (2018)
  • SL Naturenergie Group: Advising on defense against hostile takeover and corporate litigation relating to wind farms (2017/2018)
  • Bidder consortium: Advising on the tender process regarding the takeover of TollCollect (German toll collection for heavy vehicles) (2017/2018)
  • German Government: Advising the Federal Ministry for Economic Affairs and Energy in connection with the legislative package on the financing of nuclear waste disposal, setting-up a state fund and the necessary negotiations with E.ON, RWE, Vattenfall and EnBW (2016-2017)

Distinctions

  • Recognised in various directories - for corporate law in Best Lawyer (since 2018); for energy sector in Legal 500 (2019); Who is Who Legal (since 2015); Acritas Stars Listing (since 2017)
  • “Tibor Fedke is the best man with great know-how and focus on customer requirements. " / "From our perspective, Tibor Fedke is the driving force who, with an enormous demand for quality, outstanding commitment and the necessary overview, ensures that the Noerr team is able to present this extraordinary performance in a sustainable manner. With a great deal of empathy and sensitivity, he succeeds in transforming his high expectations into real motivation for his team. Competitors certainly also have excellent lawyers to offer, but here it is the passion of a cosmopolitan person that makes the difference." (Legal 500 German Energy 2020)
  • “It is a pleasure working with Tibor and his team; he is the first choice lawyer for commercial transactions in Germany”, ILO Client Choice Award 2018 for M&A Germany
  • Recognized for corporate law, Best Lawyers® (2018)
  • “Dr. Fedke is on the point of intersection between environmental law and corporate law, especially in transactions. He's someone who has a very vast knowledge which he can implement accordingly in negotiations in order to reach the client's goals”, Acritas Stars™ Listing (2017)
  • Recognised as top-tier lawyer in the energy sector: “Tibor Fedke is ‘a fantastic corporate lawyer’ known for his work on complex transactions in the energy sector”, Who is Who Legal Energy (2017)
  • Named as one of the most highly regarded individuals in Europe: “Tibor Fedke is a ‘technically excellent’ commercial transactions lawyer who ‘really knows his stuff.”, Who is Who Legal Energy Analysis (2015)
  • “Mr Fedke impressed us by focusing on the commercial benefit behind the legal advice”, ILO Client Choice Award (2015) for M&A Germany
  • “It was the Berlin lawyers who played a key role in driving forward advice on energy law... This was evidenced by transactions that shaped the market, ... In these deals, Tibor Fedke and Christoph Spiering proved an unbeatable team”, JUVE Awards (2013)

Selected Publications

  • Commentary to sec 17, 21 through 24 of German Commercial Code in beck-online.GROSSKOMMENTAR
  • Article on partnerships under German law with non-German shareholders to maintain limited liability provilege: Verwaltungssitz und Rechtsfähigkeit inländischer Personengesellschaften bei Auslandsbezug, ZIP 2019, pp 199 et seqq
  • Article on legal risks arising from directors' appointments and dismissals in case of incorrect application of co-determination laws: Rechtsfragen der Bestellung von Geschäftsführern in der mitbestimmungspflichtigen GmbH, NZG 2017, pp 848 et seqq.
  • Article on income (and profit) pooling agreements that may qualify as enterprise agreements within the meaning of secion 292 German Stock Corporation Act: Ertragspoolung als Gewinngemeinschaften, Der Konzern 2015, pp 53 et seqq.
  • Book chapter on biomass supply agreements for biofuel projects: Ausgestaltung von Biomasselieferverträgen bei Biokraftstoffvorhaben, in: Biokraftstoffe und Biokraftstoffprojekte, 2014 (together with Christof Federwisch)
  • Article on specialties and pitfalls in M&A transactions in renewable energies in Germany: Unternehmenskauf bei Produzenten erneuerbarer Energien – Besonderheiten und Erfolgsparameter, ZNER 2013, pp. 120 et seq. (together with Martin Geipel)
  • Article on liability risks in acquisition of German limited partnerships: GmbH & Co. KG: Kommanditistenhaftung im Spannungsfeld zwischen Anteilsübertragung und Haftsummenherabsetzung, GmbHR 2013, pp. 180 et seq.