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, renewable energies, 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

  • CEMEX España: Advising on sale of Scandinavian and Baltic business to Schwenk (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)
  • Gegenbauer: Advising corporate reorganizations and transactions (2016-2019)
  • Kapsch TrafficCom & eventim: Advising in public tender re German small vehicle tolling system (2017-2018)
  • 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 in-dustrial 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)
  • Novacap: Advising on takeover of Joseph Ribkoff fashion label (2017)
  • Truck-Lite: Advising on sale of its German operations to Chinese Bao group (2017)
  • AVX: Advising on the takeover of the transportation sensing and control (TS&C) division of TT Electronics (2017)
  • Johnson Control: Advising on the sale of its Scott Safety division to 3M (2017)
  • Kieser Training: Advising on setting-up a joint venture with project developer EuroSinoInvest (ESI) for the market entry into China (2017)
  • Cobalt International: Advising on the structuring of an acquisition in Angola relating to two deepwater oil blocks under the German-Angolan Investment Protection Agreement (2016-2017)
  • Allianz Group: Advising on setting up a student housing fund in a joint venture with international investors (2016-2017)
  • 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 Who is Who Legal (since 2015); Acritas Stars Listing (since 2017)
  • “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

  • 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.