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

16.03.2026 | KPMG Law Insights

KPIs in the legal department: How legal becomes strategically effective through control, transparency and data analysis

Today, legal departments are facing a strategic turning point: they must reliably hedge risks, but at the same time enable speed, control costs and make…

13.03.2026 | KPMG Law Insights

Commercial courts: when they are worthwhile for companies – and when they are not

Large commercial disputes are given courts specially tailored to their needs: the Commercial Courts. The German legislator introduced it with the Act to Strengthen the

10.03.2026 | Deal Notifications

KPMG Law advises on the sale of Krasemann Hausverwaltung to Buena

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to the KRASEMANN family on the sale of KRASEMANN Immobilien- & Gebäudeservice GmbH (KIGS) and KRASEMANN…

09.03.2026 | KPMG Law Insights

MiCAR and whitepaper obligations – what the transitional regulations mean

The Markets in Crypto-Assets Regulation (MiCAR) has been in force for just over a year. Among other things, MiCAR obliges issuers and providers of crypto…

09.03.2026 | In the media

Guest article in Private Banking Magazine: What tokenized banknotes mean in day-to-day treasury operations

The future of payment transactions will be shaped not by new currencies, but by new processing models. A practical report by Marc Pussar (KPMG Law),…

06.03.2026 | In the media

Guest article in smartlegalmarket: Trends for legal departments in 2026 & 2027

KPMG Law has been surveying international legal departments on their challenges for more than ten years. The “Right to Progress” report is now regarded as…

06.03.2026 | KPMG Law Insights

Carve-out: The biggest risks and how the legal workstream avoids them

A carve-out does not usually fail due to a lack of ideas. And not due to a lack of buyers. Nor do they usually fail…

04.03.2026 | In the media

KPMG Law expert with statement in dpn magazine on the Location Promotion Act

Shortly after coming into force, the Location Promotion Act is apparently already having a noticeable effect on the investment plans of institutional market participants. In…

25.02.2026 | Deal Notifications

KPMG Law and KPMG advised Senstar on the acquisition of Blickfeld

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Senstar group (Senstar) on the acquisition of all shares in Blickfeld GmbH (Blickfeld).…

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…

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