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Markus Kotowski LL.M.

Counsel
Munich
About

Markus Kotowski advises national and international corporations, investors and banks on real estate law, cross-border transactions and commercial lease agreements.

In the hospitality sector, Markus has a particular focus on the leasing, acquisition, development, franchising, management and financing of hotels, representing owners, operators and brands.

Markus co-heads DLA Piper’s international H&L Next Generation group.

Areas of FocusServicios financieros Bienes inmuebles
Professional QualificationsRechtsanwalt admitted with the Rechtsanwaltskammer Munich

EXPERIENCE

  • Advising IHG Hotels and Resorts on their collaboration with Novum Hotels in Germany and across Europe bringing more than 100 hotels into the IHG system. 
  • Advising IHG Hotels and Resorts on hotel leases, owner agreements, hotel management and franchise agreements, development and refurbishments projects for all brands. 
  • Acting for var. global leading hotel brand on its affiliation arrangements with over 100 local boutique hotels across the world. 
  • Acting for a leading tour operator with a detailed multi-jurisdictional review of its contracts and arrangements with customers and suppliers.
  • Advising Merlin Entertainments Group regarding long term hotel and theme park leases and other aspects of real estate law for the Heide Park and Legoland theme parks.
  • Advising Aareal Bank on the senior financing of a EUR415m European portfolio of 14 upscale hotels operated under NH and Radisson brands.
  • Advising leading international hotel brands and institutional owners in connection with the insolvency of var. white-label operators.
  • Advising global leading US hotel brands on the acquisition of a European brand/portfolio, on hotel due diligence aspects and on affiliation and collaboration agreements with German operators.
  • Advising developers and leading German investment funds on the acquisition of hotels, serviced apartments/ student housing and other operational real estate projects. 
  • Advising leading co-working operators including WeWork and TOG on all aspects of real estate law.
  • Advising national and international investors, developers and investment managers on developments and transactions (including GLP, DIC, Catella, Aurelis).
  • Advising an international investor regarding the establishment and expansion of a factory outlet center.
  • Advising a German multinational energy company on the acquisition review of a ground-mounted PV portfolio totaling 20 ground-mounted PV projects in Germany.
  • Advising a leading white label hotel operator in the Baltics and one of the fastest growing hotels in Europe on German hotel developments, refurbishments and hotel and branded residence leases.
  • Advising Dutch apart hotel/ serviced apartment operator YAYS on their market entry, leasing and expansion in Germany and on their sale to NUMA aparthotels.
 
Languages
  • German
  • Inglés
  • French
Education
  • La Trobe University Melbourne, LL.M. (Masters of Laws in Global Business Law), 2018
  • Higher Regional Court of München, Second State Examination, 2014
  • University of Augsburg, First State Examination, 2012

Publications

  • Hotel Management Agreements - A multi-jurisdictional guide: Germany.
  • Hospitality update Germany: Booking.com's best price clause is now okay rules German court, 8 July 2019.
  • "Effective Supplementary Performance" in: The New Law - Suggestions for Reforms and Improvements of Existing Legal Norms and Principles, 2018, p. 77ff., Nomos.
  • "Is there a right of a partial withdrawal? New issues regarding consumer statutory withdrawal rights due to the implementation of directive 2011/83/EU", VuR 2016, p.291ff.

Seminars

  • The International Hotel Investment Forum Berlin: Wednesday 4th May 2023, 14.00 - The evolution of the lease.

Prior Experience

Prior to joining DLA Piper Markus was a lecturer and researcher at the University of Augsburg and headed the Law School's preparation courses for the First State Exam 2015-2017. Markus has gained experience during legal clerkships at leading international law firms in Munich and at the German Embassy in Budapest. He worked for the Parliament of the Republic of Hungary in 2016. Markus worked at DLA Piper's Melbourne office in 2018, and at London office in 2022/2023.

Memberships And Affiliations

  • He’s a member of the hotel real estate industry working group AK Hotelimmobilien.

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    Phone

    +49 89 23 23 72 266
    (Work, Munich)
    +49 173 63 67 325
    (Mobile, Munich)
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