Grundmann, Ulf H.

Partner at King & Spalding LLP

• 2014 – Today: Partner at King & Spalding LLP
• 2008 – 2014: Partner at Bird & Bird LLP
• 1995 – 2008: Lawyer and Partner at Mayer Brown LLP, previously Gaedertz Rechtsanwälte
• 1992 - 1995: Legal trainee at the Higher Regional Court of Celle with stations in business law in Hamburg and Orlando, Florida, USA (2nd state law examination: July 1995 in Hanover)
• 1989 to 1991: Ludwig-Maximilians-Universität Munich (1st State Law Examination: January 1992 in Munich)
• 1987 bis 1989: Rheinische Friedrich-Wilhelms-Universität Bonn

Particular experience lies in party representation in technology-related proceedings and in proceedings concerning European Union laws, constitutional laws and international laws. In most proceedings, the interests of the clients could be enforced through the creative use of EU laws. In many proceedings, the interpretation of EU laws is crucial. The CJEU has exclusive jurisdiction for this interpretation, and it may also be useful during or after the arbitration proceedings to refer the matter to the CJEU for a preliminary ruling pursuant to Article 267 TFEU. Since the CJEU has consolidated its case law with the judgment "Achmea" of 06.03.2018 in case C-284/16 and has largely denied arbitral tribunals the possibility to refer cases to the CJEU, the interpretation of EU laws can regularly only be referred to the CJEU with the help of national courts. This can be done within the ongoing arbitration proceedings by means of an application to a national court for assistance pursuant to Section 1050 (German) ZPO. After the conclusion of the arbitration proceedings, national courts can submit questions on the interpretation of EU laws to the CJEU in annulment and enforcement proceedings on the arbitral award. It follows from this that EU laws are of particular importance not only in the arbitral award proceedings themselves, but also in any subsequent annulment and enforcement proceedings. A referral to the CJEU can provide parties with legal certainty within the arbitration proceedings or a second and even third review of the arbitral award. In any case, already in the arbitral proceedings, the parties' submission on the interpretation of EU laws is of essential importance, which may have an influence on the admissibility of applications for referral to the CJEU. Significant experience consists in the presentation of the application of EU laws in the proceedings for a decision, which may lead to a referral to the CJEU, and in the procedural laws at the CJEU.

• Founding Editor of the law magazine "Lebensmittel & Recht" ("Law & Food"; C.H. Beck Verlag)
• Co-Author "Guide to EU Pharmaceutical Regulatory Laws" (Kluwer)
• Co-Author of the Munich Lawyers' Handbook "Gewerblicher Rechtsschutz" ("IP Laws") - Author of the Chapter "Heilmittelwerberecht" ("Medical Products Advertising Laws"; C.H. Beck Verlag)
• Co-Author “The Food, Beverage and Cosmetics Law Review: Germany” (The Law Reviews, 2022)
• Editor “Gesundheitsbezogene Lebensmittel” ("Health-Related Food"; pmi publishing house)

• DIS
• GRUR
• BAH - Member of the "Substantial Medical Devices" Committee

Ulf Grundmann has been advising companies in all areas of European Union laws, public laws, trademark and unfair competition laws as well as constitutional and international laws for more than 25 years. He acts in particular for manufacturers in the medical device, pharmaceutical, cosmetics and food industries and other technology sectors. He represents his clients before German and European courts, including the General Court of the European Union and the Court of Justice of the European Union, as well as before German and European authorities, including the European Commission.