Deal Insights von DFA Partnern und dem Team
Insights on deals, project assignments and dispute procedures:
Crossinx acquired by Unifiedpost Group for €160 million
DFA has advised the shareholders of Crossinx GmbH with founder Marcus Laube and lead investors Komm Invest AG (Michael Kleindl) and Carlea (Christoph Benner) on the sale of the fintec company to the Belgian Unifiedpost Group NV, which is listed on the Euronext stock exchange in Brussels. Crossinx is based in Frankfurt and has over 170 employees and is a leading German service provider for digital document exchange. The Crossinx client network comprises 350.000 users.
DFA’s Dr. Christian Franz had advised Crossinx‘ lead investors in various rounds of financing and recently Crossinx in its add-on investment in Hungarian 1st Business Post.
#M&A #Venture Capital #IT Law
French Group Avril acquires German Lecico GmbH
DFA's Christian Franz advised (with his previous Law Firm) French Group Avril in the acquisition of Hamburg based Lecithin and Pospholipid Specialist Lecico GmbH, see https://www.lecico.de/mit-der-uebernahme-des-deutschen-lecithin-experten-lecico-avanciert-avril-zu-einem-globalen-marktfuehrer-fuer-non-gmo-lecithine/.
Avril Group employs 7,600 people in 21 countries and generated sales of EUR 6.2 billion in 2017.
#M&A #French Desk
A few case examples for our practice from the last 20+ years with hands on management by the partners of DFA
Private Equity funded QSIL Group acquires the majority FCTI Ingenieurkeramik
Dr Christian Franz has advised the Private-Equity funded QSIL Group on the acquisition of a majority stake in FCTI Ingenieurkeramik GmbH, a specialist for silicon nitride and silicon carbide-based ceramic materials, QSIL is one of the world's leading manufacturers of quartz glass and oxide ceramics with a reported turnover of more than €100m. With the majority stake in FCTI Ingenieurkeramik GmbH, the QSIl Group takes over a company with 30 years of experience and competence in materials technology and in the manufacture of ceramic high-performance materials and composites. FCTI Ingenieurkeramik GmbH specializes in silicon nitride and silicon carbide-based ceramic materials.
#M&A # Private Equity
Sale of majority of a leading German Cloud company to 1&1 INTERNET SE
Our Partner Dr Christian Franz has advised with his former law firm the founders and majority shareholders of BERLIN-based cloud computing provider on the sale of their stake in 1 & 1 INTERNET SE. Founded in 2010, the company employs more than 120 people. The company is a specialized cloud computing provider for Infrastructure-as-a-Service (IaaS) in Germany and offers professional public and hybrid cloud solutions based on the strict German and European data protection guidelines.
#M&A # IT Law
Ad-on acquisition by German fintec Crossinx in Hungary
Dr. Christian Franz and the transactions team has advised the German fintec Crossinx GmbH (now part of Unifiedpost Group) to acquiring First Businesspost Kft.
#M&A # Venture Capital
QSIL AG acquires Barat Ceramics GmbH
DFA's Christian Franz advised (with his previous Law Firm) QSIL AG in the acquisition of Ceramics expert Barat Ceramics GmbH. Barat Ceramics GmbH is an internationally active company based in Thuringia, Germany, which offers a wide range of modern high-performance oxide ceramic materials for applications in medical technology, plant and mechanical engineering, life science and ballistics. The QSIL Group is an internationally active materials specialist specializing in the production of quartz glass and oxide ceramics for the semiconductor and photovoltaic industries. With the acquisition of the specialty ceramics producer Barat Ceramics GmbH, the Thuringia-based group grows to 600 employees and over 100 million in sales.
#M&A #Corporate Law
German - French fiduciary transfer
DFA’s Christian Franz and Mélanie Clerc advise French Group in the recognition in Germany of the fiduciary transfer (fiducie) under French law of shares in the Group’s German GmbH subsidiary as collateral of the refinancing of the client group, and in the perfection of the transfer with regard to German transfer of title rules.
#Corporate #French Desk
Multi-jurisdictional labour court proceedings
DFA advises a French Group multi-jurisdictional labour court proceedings in Germany and in France triggered by the dismissal of an officer of the client group’s German subsidiary with forum related aspects under the Brussels Ia regulation and with conflict of law aspects under the Rome I regulation.
#Litigation #French Desk #Labour Law
Level-Up I fund invests in Meta Games
DFA's Christian Franz and Mélanie Clerc (French desk) advised Level-Up Ventures, a Fund based in France/ Luxembourg in their investment in the Berlin-based gaming studio Meta Games.
Level-Up is an investment fund primarily focused on mobile studios and gaming technologies.
#Venture Capital # French Desk
#IT Law
Level-Up I fund invests in Awesome Prototype GmbH
Level-Up is an investment fund primarily focused on mobile studios and gaming technologies.
#Venture Capital # French Desk
#IT Law
Loan & Equitiy Financing re-structured for wind farm investor
DFA‘ Christian Franz und Mélanie Clerc advise German investors and operator of French wind farms in restructuring of equity investment and multimillion shareholder loans, moving lender role from investors’ holding vehicle to investor level.
#International Business Law #French Desk
Squeeze-out of miniority shareholders of Erfurt-based Ibykus AG
Our Corporate law team team has advised the Squeeze-out of Erfurt based Ibykus AG für Informationstechnologie‘s minority shareholders by way of merging Ibykus into Isthmos Holding AG (Verschmelzungsrechtlicher Squeeze-our). Our team has acted as Counsel to the majority shareholder.
#Corporate
Convertible loan by Isthmos Holding AG
Dr Christian Franz has advised the Issuance of convertible loan by Isthmos Holding AG.
#Corporate
German-French joint venture between maexpartners GmbH & Theano Advisors SAS
Our Partner Dr Christian Franz has advised (with his former law firm) maexpartners GmbH on the establishment of a joint venture with Theano Advisors SAS in France and in Germany
maexpartners GmbH is a German management consultancy focused on industry and high technology, and is particularly active in the operational area.
The transaction involved the establishment of a joint consulting company in France under the name maexpartners SAS, as well as the opening of another joint consulting company in Germany under the name Theano Advisors GmbH. Both consulting companies will be "staffed" exclusively with binational teams, and will place their operational and strategic expertise at the service of large international clients.
#M&A #French Desk
Recent news from DFA's litigation practice
Our litigation team team has files claims and conducts proceedings for nullification of a implementation regulation of the European Commission with the European Court of Justice.
#Litigation
Recent news from DFA's litigation practice
DFA acts as counsel in litigation relating to the non-performance of an international plant construction contract as a result of sanctions imposed on the principal of the contract.
#Litigation
Service of statement of claims and procedural acts from Germany to Switzerland
DFA team successfully obtains annulment of default judgement and related enforcement procedures in Germany against Swiss client based on poor service of judicial documents under the EuZVO and the Hague Convention of Service of legal documents.
#Dispute Resolution
Swiss client supported against German court judgement (application of EU-Regulation)
DFA‘ Nehle Bornemann succeeds in stopping enforcement of German default judgement rendered against Swiss client, by obtaining annulment of service of statement of claims, judgement and attachment order pointing out that service to Switzerland does not work under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, but under the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Contrary to the Former, the latter does not allow,as far as Switzerland is concerned, direct service using postal services only but formal service through the official channel in Switzerland.
#International Business law #Litigation
DFA assisted German client to enforce loan repayment by a French Bank
DFA attorneys obtain enforcement of claim for loan repayment by French bank under a French notarized loan agreement, making use of the fact that payment claims under a deed notarised in France constitute an enforceable title under the Brussels I and Brussels Ia Regulation, without having to have recourse to the courts first. Within days of receiving copy of the deed declared enforceable by the competent German court, the debtor paid of the entire amount plus cost.
# International Business law # Litigation
# French Desk
Regulatory proceedings at European level
#International Business Law #Litigation
Recent news from DFA's litigation practice
DFA sues major German bank for non-performance under a URDG [Uniform Rules on Demand Guarantees] 758 governed demand payment guarantee.
#Litigation
Arbitration claim for annulment of shareholders‘ resolutions
DFA defends German limited partnership against a claim for annulment of a shareholders’ resolution brought in Deutsche Institution für Schiedsgerichtsbarkeit (DIS) proceedings.
#Dispute Resolution
Recent arbitration proceedings
DFA team members have acted as counsel for oil and mining player in ICC arbitration in Paris involving German and French legal aspects.
#Dispute Resolution
Recent alternative dispute resolution assignments at DFA
DFA lawyers succeed in settling a claim for Annulement of repaid shareholder loans under European Insolvency Statute (EuInsVO)
#Dispute Resolution
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