Tibor Fedke, LLM
Rechtsanwalt (Lawyer), Partner
Corporate
Energy & Infrastructure
Mergers & Acquisitions
Environmental Social and Governance
Tibor Fedke specialises in complex multijurisdictional commercial transactions and corporate structuring. Tibor has a long-standing experience in advising clients in the energy & infrastructure sectors (including energy-intensive and heavy industries, public sector enterprises, health care & life sciences).
Projects
- Liwathon: Advising in several acquisitions, inter alia take over from Shell’s participation in the prime refinery PCK (2021) and Esso's participation in the MiRO refinery (2023)
- Gegenbauer: Advising corporate reorganizations and various transactions (2016-2022) as well as the merger with Apleona (2023)
- Foresight: Advising on participation in HH2E and a development joint venture pertaining to five hydrogen projects (2022) as well as take over of a project company for the establishment of a 1 GW green hydrogen project in Thierbach (Saxony), the entry of further funds and the takeover of a sixth project to develop a green hydrogen plant in Lubmin (2023)
- KPS Capital Partners: Advising various transactions, the rolled product business from Norsk Hydro (2021), European business of Real Alloy Europe (2022), divestment of certain assets in cooperation with EU Commission (2023)
- Project Developer in the sale of a 270 MWp Solar park (2022)
- Flughafen Berlin Brandenburg GmbH: Advising on various corporate matters and acquisitions (since 2019)
- Swisspower Renewables: Advising in general corporate, m&a and energy related matters, including acquisitions, joint ventures, repowering projects and corporate structuring advise (since 2012)
- Axcel: Advising this Danish fund in several transactions in Germany and CEE - most recently in the takeover of emagine group by ProData Consult (2016-2021)
- Ampyr Solar (consortium of Naga Solar Holding BV, AGP Group and Hartree Partners): Advising on entry into German market and cooperation with Commerz Real for solar park development with a capacity of 200 MW (2001)
- auxenia RE: Advising on a Joint Venture with Round Hill Capital and a Souvereign Wealth Fund for a portfolio of senior living facilities (2021)
- Bridgepoint: Advising on the acquisition of LanguageWire from Danish PE firm CataCap (2021)
- ALH: Advising in the acquisition of participation in one of Germany’s largest offshore wind farms Veja Mate becoming one of its major investors (2021)
- MET: Advising in acquisition of Gas Union Storage Business from VNG (2020)
- Howden (participation of KPS funds): Advising in acquisition of Balke Dürr Rothemühle (2020-2021)
- German Government: Advising the Federal Ministry for Economic Affairs and Energy in connection with the fading out of lignite and the necessary negotiations with RWE and LEAG (2020)
- Zimmer Biomet: Advising in relation to management-by-out and disputes with founder (2017-2020)
- Altor Funds: Advising in public takeover bid of GB HoldCo for Gunnebo (2020)
- Franchisees of Vapiano Restaurants: Advising various German franchisees in connection with insolvency of Vapiano and takeover by new owner (2020)
- 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)
- 3G: Advising 3G in connection with bidding process for tk elevators (2019-2020)
Distinctions
- Recognised in various directories - for m&a, corporate and energy law in Best Lawyer (since 2018); for energy sector in Legal 500 (2019); Who is Who Legal (since 2015) global and national leader; Acritas Stars Listing (since 2017)
- Who is Who Legal (2023): "Tibor Fedke is a distinguished corporate lawyer who is well versed in regulations surrounding the energy sector across multiple jurisdictions."
- "Tibor Fedke: focus, economic understanding, correct analysis." / "Tibor Fedke is a very experienced lawyer who provides clear guidance even on very complex, unusual legal issues." Legal 500 (2022)
- Who is Who Legal (2022): "Tibor Fedke receives widespread plaudits from sources who praise his “in-depth understanding of the German energy industry”." / "Tibor Fedke possesses an “in-depth understanding of the German energy market” and is widely heralded as an “excellent, diligent and pragmatic lawyer”."
- “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
- “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)
- “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)
Insights
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
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 privilege: 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.