Hospital exit: Luther advises Spitalfonds Waldshut

Spitalfonds Waldshut has transferred its majority stake in Spitäler Hochrhein GmbH completely to the district of Waldshut. Since July 1, 2018, the district has been the sole sponsor of Spitäler Hochrhein GmbH. The withdrawal of the town of Waldshut-Tiengen, whose municipal council also acts as an organ of the hospital fund, has thus also been completed. A team from Luther Rechtsanwaltsgesellschaft advised the city and the hospital fund on the complex exit.

Negotiations on the city's exit from the loss-making Hochrhein Hospitals GmbH lasted for more than two years, at times even an insolvency of the company was under discussion. Politically the topic was discussed controversially in the participating committees. The population was engaged in an emotional debate. In the end, they agreed on an exit of the city and the hospital fund. The fund is a local charitable foundation, which originated in 1411.

"The mandate was very demanding, as the exit had to be structured both under tax law under the premises of the non-profit character of the hospital fund and under foundation law due to the earmarking of the foundation assets," says Dr. Oliver Kairies, partner of Luther Rechtsanwaltsgesellschaft in Hanover. "The team was able to draw on extensive experience in the hospital sector - both with regard to the structures on the health market and the regulatory conditions.” In addition, the Luther team also solved challenges in real estate law: Until a planned central hospital goes into operation, the district will remain the owner of the hospital building by way of heritable building rights, while the land will continue to belong to the hospital fund.

For the city Waldshut-Tiengen and Spitalfonds Waldshut
Luther, corporate / M&A, hospital law: Dr. Oliver Kairies (Partner; lead), Dr. Daniel Schubmann, Dr. Hendrik Sehy (all Hanover)
Luther, tax: Jens Röhrbein (Partner), Elena Duderstadt (both Hanover)
Luther, real estate: Dr. Katja Schwenzfeier (Partner, Berlin)
Luther, labour law: Sebastian Fedder (Partner, Hamburg)