Search
Contact
24.09.2018 | KPMG Law Insights

Federal Republic of Germany wins landmark legal dispute with KPMG Law Rechtsanwaltsgesellschaft mbH – Action by A 1 mobil dismissed by Hanover Regional Court

In a legal dispute that has attracted international attention, the private highway operator A1 mobil has filed a claim against the Federal Republic of Germany for damages amounting to EUR 788 million. The action was based on a claim for adjustment of the contract due to the discontinuation of the basis of the contract. In the plaintiff’s view, the unforeseeable decline in traffic subject to tolls due to the global economic crisis in 2008/2009 justifies a claim for contract adjustment and additional compensation.

The Hanover Regional Court has now rejected this claim in the first instance and dismissed the action brought against the Federal Republic of Germany represented by KPMG Law.

According to the Hanover Regional Court, the operating company had assumed the traffic volume risk. It is clear from the concession agreement concluded between the parties and the contract negotiations conducted in advance that the parties had recognized the traffic volume risk but had clearly assigned it to the plaintiff. The applicant’s assumption of the traffic volume risk was also not limited. The parties had not agreed on a fluctuation corridor by agreeing on a minimum or maximum remuneration. The plaintiff had worked out the calculation on which its bid was based on its own responsibility and now had to bear the risk of a temporary drop in traffic volumes.

Dr. Matthias Aldejohann and Dr. Torsten Göhlert were active on behalf of the Federal Republic of Germany.

Dr. Matthias Aldejohann: “The Hanover Regional Court has dismissed the action brought by A 1 mobil with convincing arguments. The court rightly emphasized that the plaintiff had assumed the traffic volume risk. Based on this specific allocation of risk, the plaintiff is not entitled to a claim based on supplementary interpretation of the contract or due to the lapse of the basis of the contract.”

Explore #more

20.02.2026 | KPMG Law Insights, Legal Financial Services

Consumer Credit Directive (CCD II) tightens rules for the banking industry

The revised Consumer Credit Directive fundamentally reorganizes the consumer credit business. From November 20, 2026, an extended scope of application and significantly stricter requirements will…

20.02.2026 | In the media

Guest article in PERSONALFÜHRUNG: Between tradition and transformation – HR in SMEs

The German SME sector is an exciting learning field for other organizations. Its structural characteristics not only shape the way decisions are made, but also…

19.02.2026 | Deal Notifications

KPMG Law advises DKB Finance and DKB Kreditbank on the sale of FMP Forderungsmanagement Potsdam to LOANCOS

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided comprehensive legal advice to DKB Finance GmbH and DKB Kreditbank AG on the sale of FMP Forderungsmanagement Potsdam…

17.02.2026 | KPMG Law Insights

Establishing complaint management – guidelines for companies and administration

Complaints are great. They show unvarnishedly where processes, communication or services are not working. And even if they initially seem stressful for everyone involved, those…

16.02.2026 | KPMG Law Insights

Tenancy law reform 2026 sets tighter framework conditions for landlords

The planned 2026 tenancy law reform limits furnishing surcharges, caps index-linked rents, cuts short-term rental models and tightens the obligations for landlords. The aim is…

16.02.2026 | Deal Notifications

KPMG Law and KPMG advise the majority shareholders of Kahl GmbH & Co. KG on the sale to the Dutch Paramelt Group

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) have advised the majority shareholders of Kahl GmbH & Co KG (Kahl), based in…

11.02.2026 | In the media

KPMG Law Statement in Die Stiftung – Magazin für Stiftungswesen und Philantrophie: Foundation with question marks

The number of foundations with legal capacity in Germany has been growing for many years. According to a recent survey by the Association of German…

11.02.2026 | KPMG Law Insights

Embedded insurance: What companies should consider when structuring the legal framework

Insurance that fits seamlessly into the purchasing process of a product – such as an extended warranty for an electronic device or travel insurance directly…

05.02.2026 | KPMG Law Insights

AWG amendment provides for tougher penalties for sanction violations

Due to the ongoing Russian war of aggression against Ukraine, the EU wants to make it easier to prosecute violations of EU sanctions. The corresponding…

03.02.2026 | In the media

KPMG Law guest article in private banking magazine: The digital euro is coming – how well prepared is private banking?

The new digital central bank money is changing payment transactions and liquidity management. KPMG Law expert Marc Pussar assesses what the digital euro means for…

Contact

Dr. Matthias Aldejohann

Partner
Dresden Site Manager
Head of Litigation & ADR

Galeriestraße 2
01067 Dresden

Tel.: +49 351 21294411
maldejohann@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll