Luther accompanies Recommunalization: Diepholz Clinic Association in the hands of the district again

After twelve years, the Alexianer GmbH from Münster and the district of Diepholz in Lower Saxony have decided to go their separate ways again. The shares of the Catholic Alexianer GmbH in the Diepholz Clinic Group will be transferred to the district retroactively to January 1, 2018. This means that the clinic network is once again completely municipal. A team from Luther Rechtsanwaltsgesellschaft provided legal support to the district during the re-municipalization.

The clinic group operates the hospitals in Bassum, Diepholz and Sulingen and manages the corresponding buildings. The parties had already begun the demerger process in July 2017. "Recommunalization in the hospital sector is still rare, but many municipalities are currently considering the same issue," says Dr. Oliver Kairies, partner and lawyer at Luther. "The district wanted to directly control the medical care of the population again and was able to agree on this with its long-standing partner.”

A special challenge in the amicable unbundling of the two partners was the separation of ecclesiastical and municipal structures in the various companies of the network. In addition to corporate and hospital law advice, this also resulted in complex questions of employment and tax law, for example.

For the district of Diepholz:

Luther, M&A / corporate, hospital law, Hanover
Dr. Oliver Kairies (Partner, lead), Dr. Thomas Halberkamp (Partner), Dr. Hendrik Sehy (Counsel)

Luther, labour law, Hamburg
Sebastian Fedder (Partner)

Luther, tax, Hanover
Jens Röhrbein (Partner), Dr. Zacharias-Alexis Schneider