Dr. Javier Ortega

Javier Ortega ist der leitende Partner des Büros Madrid und auch der Leiter der Abteilung für Immobilien- und Finanzrecht. Er hat 20 Jahre Berufserfahrung und hat sich auf Transaktionen betreffend vor allem Gewerbeimmobilien (vorwiegend bezüglich Bürogebäude, Retail, logistischer Lagerhäuser, Hotels oder touristischer Resorts einschliesslich grösserer sale & lease back Transaktionen) sowie auf Raumordnung, strukturierte Immobilienfinanzierung und Hypothekenrecht (einschliesslich des Erwerbs von NPLs, der Refinanzierung und der Umstrukturierung von mit Immobilien verbundenen Verbindlichkeiten), gewerbliche Mietverträge, Baurecht und Luftfahrtrecht spezialisiert.

 

Bevor er sich sdh anschloss, arbeitete Javier Ortega für Bruckhaus Westrick (Wien), Uría y Menéndez (Madrid), Cuatrecasas (Madrid) als Partner für Immobilienrecht und Herbert Smith Freehills (Madrid) als Partner und Leiter der Abteilung für Immobilienrecht. Seit vielen Jahren hat Javier laufende Anerkennung in den führenden Anwaltsverzeichnissen (einschliesslich EMEA Legal 500 und Chambers Europe) gefunden.

 

Seit ca. 2007 hat er regelmäßige Anerkennung als Spezialist in Immobilienrecht und -finanzierung durch Legal 500, Best Lawyers, Leaders League Financial Guides oder Chambers Europe bekommen.

 

Er hat am GRI oder im Verband Deutscher Hypothekenbanken zu Berlin referiert und Vorträge abgehalten sowie Seminare in Deutschland über spanisches Hypotheken- und Finanzrecht für zahlreiche deutsche und österreichische Banken abgehalten. Dr, Ortega ist Professor für Immobilienfinanzierung und -acquisition auf dem GMRED Materprogramm der angesehenen IE Universität von Madrid.

 

Javier Ortega hat einen Juraabschluss von der Universidad Complutense von Madrid, einen Juraabschluss von der Universität Wien, einen Philosophieabschluss von der Universidad de Navarra (Spanien) und ein Doktorat in Jura von der Universität Wien.

1.- Edison Mission, on the design of the legal formula to cover the different water needs of the new combined cycle power plant projected in the Ebro river by Edison Mission (through the dismemberment of different uses within the same pre-existing concession), and negotiations with the Hydrographic Confederation of the Ebro river in Zaragoza.

2.- E.On

– on the obtention of the external agent license for the first German electric company.

– on the design of a derivatives market on electricity and the negotiation of its profiles and guarantees with the Subdirectorate General for Energy and the CNMV.

– on the acquisition of the cogeneration plant belonging to Cogeneración Prat, S.A. (property of Reno di Medici): € 15 million.

– on the sale of its 4.99% stake in Fenosa (the transaction was channeled through the Royal Decree of over-the-counter operations): € 912 million.

3.- Fecsa, an entity owned by the German power company RWE and by Endesa, on its incorporation (and subsequent dissolution).

4.- GreenFox Energy (German renewable energies company): full legal advice on a photovoltaic plant to be built near Madrid on a PPA basis.

5.- PNE (through its subsidiary Kolya): legal advice on a photovoltaic plant to be built for providing power to a hyperscale data centre near Madrid to be erected under campus regime.

6.- CRI (CommerzReal), on the structuring of diverse acquisitions of solar energy plants in Spain by the Luxemburg impact fund “KlimaVest ELTIF FCP” (Fonds Commun du Placement), which invests in plants for the generation of renewable energies and sustainable infrastructure, mobility and forestry.

7.- Institutional German property investment fund: legal report on an array of alternative contractual formulas enabling the installation of solar panels on the roofs of large logistic warehouses.

8.- UK investor: legal advice on a rental option over a 126 Ha large plot located in San Roque (Cádiz) for the construction of photovoltaic plant.

9.- Coca Cola Spain, on the €42 million sale and leaseback of its old seat in Madrid and also on the €57 million construction of the new one.

10.- Costco, on the turn-key construction agreement of a large warehouse in Getafe (Madrid).

11.- Commerz Real AG, on the €58 million forward purchase and turn-key construction (by Bouygues Inmobilier) of a retail park in Alcalá de Guadaira (Sevilla), Spain.

12.- Deka Immobilien Investment GmbH, on all legal issues related to the €82 million construction of a luxus hotel in Port Sóller (Mallorca) to be managed by Jumeirah, the constructor being Wingfield.

13.- Intu-Eurofund: advice on legal issues and relations with authorities regarding the project Puerto Mediterraneo Shopping Resort.

14.- Parquesol, on the change of the zoning parameters of the main seat of the power corporation FECSA in Barcelona (a 22,500 sqm large building belonging to Parquesol) towards the construction of a hotel.

15.- Legal advice on contents and guarantees of diverse EPCs.

Babcock & Brown, on the €71 million land acquisition and creation of two residential developments (over 3,5 million and 150,000 sqm, respectively), -along with several hotel facilities,- in Marbella, Spain

BBVA FI

• on the €28 million acquisition of an office building in Madrid from Commerz Real Spezialfonds GmbH
• on the €50 million acquisition of an office building in Madrid from Oppenheim Immobilien KAG mbH

 

Caledonian, on the acquisition of an office building located in Madrid (to be transformed into a high end co-living devoted building), owned by Santander, for € 8,85 million (including its due diligence) and a € 6 million profit sharing loan made to Caledonian by the hedge fund Autonomy Capital for that purpose.

 

Coca Cola Spain on the €42 million sale and leaseback of its old seat in Madrid and also on the €57 million construction of the new one

Collegium of Land Registrars of Madrid, on the €136 million forward and turn-key sale agreement for the acquisition, from the Carlyle Group, of the plot where the new seat of all future 53 Land Registries of Madrid will be built by the former owner

Commerz Real

• on the €58 million forward purchase and turn-key construction (by Bouygues Inmobilier) of a retail park in Alcalá de Guadaira (Sevilla), Spain
• on a lease agreement with TelePizza regarding half of a 11,500 sqm large building for a yearly rent of €2 million
• on a lease agreement with Mercadona regarding an appr. 4,000 sqm large commercial space at the retail park “Parque Guadaíra” (Seville) for a yearly rent of €340,000

Deka

• on the €82,2 million acquisition –through sale & leaseback- of BBVA’s headquarters in Barcelona, Spain
• on the €90 million sale of an office building at Plaza de Cataluña to Pontegadea in Barcelona (Spain)
• on the €82 million construction of a luxus hotel in Port Sóller (Mallorca) to be managed by Jumeirah, the constructor being Wingfield

 

ECE Projekt Management GmbH & Co KG on its participation at the public tender for the granting of the concession for the management of 7 Spanish railway stations

 

Ferrovial on the €40 million sale and leaseback of its headquarters in Madrid (Spain) to Ferreiro Properties, a Spanish family office

Greenoak on the acquisition of a factory outlet at Dos Hermanas (Seville) from Unibail Rodamco for € 12 million

Hispania Real Socimi

• on the acquisition from IDL of a portfolio of 4 office buildings and two hotels located in Madrid for € 42 million
• on the acquisition from IVG of an office and retail building located in Madrid for € 25 million

 

Insud Pharma, on the due diligence and acquisition of commercial premises in Madrid leased to Primaprix from Domus Capital.

 

LCN Capital Partners on the leveraged acquisition – as share deal – of the MAC hotel in Alcudia for € 67 million; financing to be provided by Santander (discontinued)

 

Principal (formerly „Internos“, acting  for diverse German funds)

• on the acquisition of an office building in Barcelona (owned by Planeta) for € 51 million (discontinued).
• on the acquisition – from a subsidiary of Goldman Sachs – of a leasehold right over the office building „Torre Llacuna“, located in Barcelona (distrito 22@), for appr. € 39 million an on the € ca 17 M investment facility and the ca € 7 M VAT facility made by Caixabank for its acquisition.

Pryconsa, on the Spanish leg of the €30 million acquisition (from a German private equity fund) of an office and residential building in Berlin, Germany

Talus RE and Garrison, on the acquisition of two hotels from two SPVs of AC HOTELES for € 20 million, and execution of hotel management agreements with Hilton International and AC.

TUI

• on the €96 million acquisition of a majority stake in Anfi Del Mar (and other sister companies), being Anfi the owner of the largest timesharing resort of the world in Arguineguín (Gran Canaria). Adaptation of the resort’s former legal regime and by-laws to the (then) new Timesharing Act and spin off of the original corporation into four (four business branches) also in view of the special tax benefits contemplated by the Zona Especial Canaria
• on the €25 million acquisition of a hotel at Can Picafort (Mallorca) from Riu

 

Union Investment Real Estate GmbH, on the €29 million forward purchase acquisition of a 36,000 sqm large warehouse under construction (developed by Gazeley) to be let by H&M next to Madrid

 

Warburg-HIH, on the sale to Art Invest RE of part of a shopping centre located in Getafe (Madrid)

Autonomy Spain Real Estate Socimi on the € 39 M refinancing of 6 commercial properties by Banco de Sabadell

 

Bayern LB

• on a € 24,8 M mortgage-backed loan for the refinancing of the acquisition financing of a retail park located in Tarrasa (Barcelona) by Real IS, along with its legal due diligence.
• on a € 44 M mortgage-backed loan for the refinancing of the acquisition financing on a trophy building at Gran Vía (Madrid) by TRIUVA, along with its legal due diligence.
• on a € 18,7 M mortgage-backed loan to refinance the acquisition of a high street retail unit located in Barcelona (Plaza de Cataluña) to become Huawei`s flagship by a spv of the Lux fund Best Value Europe II (managed by BMO), along with the legal due diligence of the property.

 

Deka Inmobilien Investment GmbH, on the refinancing of its previous acquisition of BBVA’s headquarters with a €40 million loan granted by Deutsche Hypothekenbank (Aktien-Gesellschaft) and Deutsche Postbank AG

Deutsche Hypothekenbank

• on the due diligence of a properties portfolio of Testa and a €132,98 million syndicated mortgage secured loan (along with Eurohypo AG and Münchener
• on a €48,5 million mortgage-secured loan tp Warburg-Henderson for the acquisition of a shopping centre in Seville, Spain
• on the due diligence of three office buildings located in Madrid and a €88 million mortgage-secured loan granted to a SPV of Pramérica for the refinancing of those properties along with assignment of the mortgage previously created in favour of Norddeutsche Landesbank
• on the due diligence of one 1,180 sqm large retail units located in Madrid, let to Huawei (main flag ship store in Europe) and a € 27 million mortgage secured loan to GLL for its refinancing.
• on a further refinancing – alongside change of the syndicated banks – of a € 180 million mortgage secured loan granted to LSGIE (along with Münchener Hyp, ING and BBVA, also advised by us) regarding the 161,000 sqm large mall „El Tejar“ in Majadahonda (Madrid), Spain.
• on the due diligence of an appr. 1,200 sqm large bank branch office in Madrid, let to Banco Santander, and an appr. € 13 million mortgage secured loan to a spv of Warburg HIH for its acquisition.
• on the due diligence of four office buildings located in the centre of Barcelona and let to the Autonomous Community of Catalonia and a € 37,8 million mortgage secured loan to KanAm for its refinancing.

 

Deutsche Pfandbriefbank AG

• on the €195 million financing for The Mills of the construction and development of the Xanadú Shopping and Leisure Centre in Madrid (Spain), as well as previous due diligence of the project
• on a € 100 M loan made to the municipality of Valencia (Spain)
• on the €92 million financing for Pillar Properties of the acquisition of the Nassica Shopping and Leisure Centre in Madrid, Spain
• on the €53,7 million financing and later refinancing for Sonae of the development of the Luz del Tajo Shopping and Leisure Centre in Toledo (Madrid), Spain

 

Deutsche Postbank AG

• on a €40 million loan to Deka for the refinancing of its previous acquisition of BBVA’s headquarters. In this transaction all three parties entrusted us their advice (Deka, DHB and Deutsche Postbank AG)
• on the restructuring of both the corporate aspects of the listed company Inmobiliaria Colonial and of its €4,9 billion debt vis-à-vis a large syndicate of banks -led by RBS as agent- which encompasses Deutsche Postbank AG
• on the sale of its ca €100 million sale to BAML (Bank of America Merril Lynch) of Postbank’s stake in the syndicated loan over €4,9 billion made to Inmobiliaria Colonial
• on the sale to CITIGROUP of its € 195 million participation at the mortgage-secured syndicated loan to Marme Inversiones 2007, S.L. for the acquisition of the Financial City of Santander.
• on the syndication of a € 20 M stake in the € 105 million mortgage-secured syndicated loan made by Aareal and Münchener Hypo to a jv of Warburg Henderson and a local developer for the construction of the Miramar shopping center (Fuengirola)
• on the restructuring of the € 72 M syndicated loan made to the Town Hall of Jerez de la Frontera along with BBVA, Dexia, Elliot Partners, FMS Wertmanagement, Caixabank and other lenders.
• On the syndication of a € 34,5 M stake in the € 280 million mortgage-secured syndicated loan made by (initially) ING and Caixabank to a spv of Grupo Emperador to refinance the acquisition of the skyscraper “Torre Espacio” in Madrid

 

KanAm, on the refinancing of its previous acquisition of Amazon’s HHQQ with a € 34 million loan granted by Helaba (Hesse Thüringen Landesbank).

 

Münchener Hypothekenbank eG

• on the €65,5 million mortgage-secured financing (and later refinancing) granted by this bank and Eurohypo to Sonae for the construction of the „El Rosal“ shopping center in Ponferrada, Spain*
• on the due diligence of a retail building in Madrid (C&A’s flagship) and a €27 million mortgage secured loan to a SPV of GLL for the acquisition of those properties
• on the due diligence of an office building at AZCA (Madrid) and a €12 million mortgage secured loan to Iberinve (a French investment group) for the refinancing of this property
• on the due diligence of the shopping centre „Nervión Plaza“ (Seville) and a € 48,5 million mortgage-secured loan for the refinancing (through mortgage subrogation) of this property
• on the due diligence of H&M’s flagship in Málaga and a € 12 million mortgage-backed loan made to Patrizia Immobilien for its acquisition.
• On the syndication of a € 24,12 M stake in the € 280 million mortgage-secured syndicated loan made by (initially) ING and Caixabank to a spv of Grupo Emperador to refinance the acquisition of the skyscraper “Torre Espacio” in Madrid.
• On the due diligence of an office building located in Paseo de Recoletos 16 (Madrid), owned by Iberinve, S.A. (Victor Hugo Holdings) and on the assignment to Münchner Hyp of a € 9 M mortgage-backed loan previously made by Düsseldorfer Hypothekenbank AG to Iberinve.
• On the due diligence of further two retail units located in the Lanbarren retail park, let to Mercadona and Brico Depot, to be acquired by a spv of IM Savills European Retail Fund and on a € 8 million mortgage-backed loan to be made to said spv.
• On the due diligence of two retail units (warehouses) in Bilbao and Pamplona let to Forum to be acquired by REEFF (Deutsche Asset Management) and on a € 9 million mortgage-backed loan to be made to a Spanish spv linked to REEFF for their acquisition (discontinued).
• On the due diligence of a 35,000 sqm large warehouse located in Valdemoro (Madrid), let to El Corte Inglés and Bricor, to be acquired by a SPV of the German KVG “Institutional Investment Partners”, and on a € 9,67 M mortgage-backed acquisition facility, along with a package of other securities for its acquisition.
• On the due diligence of two warehouses (aggregate surface: 35,000 sqm) located in Leganés (Madrid), let to Cadyssa and XPO Logistics, to be acquired by UBS from Invesco, and on a € 16 M mortgage-backed acquisition facility, along with a package of other securities for its acquisition.
• On the due diligence of the shopping center “Metromar” (Seville), to be acquired by Schroders from UBS, and on a € 23,35 M mortgage-backed acquisition facility, along with a package of other securities for its acquisition.
• On the due diligence of two logistic warehouses in Plaza (Zaragoza) let to Mercadona and Kühne und Nagel, to be acquired by Savills IM Retail Fund from Ibercaja, and on a € 9,5 M mortgage-backed facility, along with a package of other securities for its acquisition.
• On the due diligence of one 14,321 m2 large hypermarket located in S. Sebastián (let to Eroski), to be acquired by Savills IM Retail Fund, and on a € 24 M mortgage-backed facility, along with a package of other securities for its acquisition.
• on the due diligence of the shopping centre „Gran Plaza 2“ (Madrid), let to more than 175 tenants, and on a € 180 million mortgage secured syndicated loan (together with Deutsche Hypo Hyp, ING and BBVA) to LSGIE for its refinancing.
• on the due diligence of larce logistic premises located in Yeles (Toledo), let to Mediapost, and an appr. € 12 million mortgage secured loan to a SPV of Grammercy for its refinancing.
• on the due diligence of an office and retail building located in the old Gothic district of Barcelona, inter alia let to H&M and Disney, and on an € 32 M loan made to BMO Partners for its acquisition.
• on the due diligence of a 75,000 sqm logistic warehouse located in Alcalá de Henares (Madrid) let to Amazon, and on an € 39,2 M loan made to a SPV of Patrizia for its refinancing.
• on the due diligence of an office building in Madrid let to Neinver and other tenants and a € 13,5 M mortgage-backed facility made to a UBS for the refinancing of its acquisition.

 

Norddeutsche Landesbank

• on the due diligence of a 7,000 sqm large office building located in Diagonal Ave. (Barcelona) and let to several tenants and an appr. € 26,5 million mortgage secured loan to Conren for its acquisition.
• on the due diligence of a 8,500 sqm large office building located in Gran Vía de les Corts (Barcelona) and let to several tenants and an appr. € 13 million mortgage secured loan to Conren for its acquisition.
• on the due diligence of a 8,000 sqm large building located in C/ Francisco Gervás (Madrid) and let to the Autonomous Community of Madrid and an appr. € 50 million mortgage secured loan to the Korean fund Kiwoom for its acquisition via share deal.
• on the due diligence of two office buildings with appr. 10,500 sqm in total located in Via Augusta and Via Laietana (Barcelona) and let to several tenants, and an appr. € 26.4 million mortgage secured loan to Heliotrope for its acquisition.

 

Orton Development Inc. (direct lending) re. the restructuring of a € 16,5 million mortgage-secured loan made to Single Home for the development of a high end dwelling complex in Aravaca (Madrid) and international tax planning related thereto

Westdeutsche Immobilienbank

• on the due diligence of a shopping centre in Carcaixent (Valencia) and a €32 million mortgage-secured loan granted to to UBS Real Estate for the acquisition of that property. Later refinancing of the previous loan.
• on the due diligence of an office building in Madrid (Egeo building) and a €30 million mortgage-secured loan granted to MEAG Munich Ergo KAG mbH for the refinancing of that property
• on the due diligence of two large logistic warehouses located in Getafe, Madrid and a €29,6 million mortgage-secured loan granted to Invesco for the refinancing of those properties and a hotel located in Munich
• on the refinancing of a €157,5 million cross-collateralized and mortgage-secured syndicated loan (along with Royal Bank Of Scotland, Ing Real Estate Finance and Pfandbriefbank) made to Heron City Madrid and Heron City Paterna for the development of two malls located in Las Rozas (Madrid) and Paterna (Valencia), Spain
• on the due diligence of an office building in Madrid (Egeo) and a €30 million mortgage-secured loan granted to LAR ESspaña Real Estate Socimi for the acquisition of that property and subrogation in the existing loan by WestImmo.
• on the refinancing of a mortgage-secure loan over CHF30,9 million made to Dunaoasis Palace (a SPV of the Gerlach Group) for the acquisition of the Maspalomas Palm Beach Hotel at Gran Canaria, Spain
• on the due diligence of an office building in Madrid (Egeo) and a €30 million mortgage-secured loan granted to Lar España Real Estate Socimi for the acquisition of that property and subrogation in the existing loan by WestImmo.
• on the refinancing of a mortgage-secure loan over € 10 million made to Ashi 85 (another SPV of the Gerlach Group) for the acquisition of the Gran Hotel Residencia at Gran Canaria, Spain