Hengeler Mueller announces five new partner and three counsel promotions
24 November 2025
1&1 Mobilfunk GmbH (1&1) and Telefónica Germany GmbH & Co. OHG (Telefónica) have reached an agreement, in the context of a telecommunications law dispute resolution proceeding before the Federal Network Agency (Bundesnetzagentur), on the continued granting of usage rights to mobile spectrum in the 2,600 MHz band. The spectrum leasing agreement, signed at the end of November 2025, obliges Telefónica to provide 1&1, from 1 January 2026, with a 2x10 MHz spectrum package in the 2.6 gigahertz (GHz) band until the end of the frequency assignment term on 31 December 2030. Telefónica’s obligation to lease spectrum to 1&1 arises from the decision of the President’s Chamber of the Federal Network Agency dated 24 March 2025, which declined to order a new award procedure and extended frequencies in the 800 MHz, 1,800 MHz and 2,600 MHz bands.
As the spectrum leasing agreement concluded between 1&1 and Telefónica in 2019 was at risk of expiring on 31 December 2025 without a contractual extension in place for the period from 1 January 2026, 1&1 applied to the Federal Network Agency and initiated a dispute resolution proceeding. In negotiations moderated by Decision Chamber 2, the parties reached a settlement, the details of which are subject to confidentiality. The Federal Network Agency has since approved the new spectrum leasing agreement.
The spectrum lease is another essential element for 1&1 on its path to building its own 5G mobile network and thereby consolidating its position as Germany’s fourth mobile network operator.
Hengeler Mueller advised and represented 1&1 before the Federal Network Agency.
Inhouse team 1&1
On 1&1’s side, the proceedings were legally led by Christian Bron (General Counsel, 1&1 AG) and Marc Schütze (Director Regulation, Group United Internet).
Hengeler Mueller team for 1&1
Corporate/Contract Law: Daniela Favoccia (partner, lead, Frankfurt), Florian Klose, Simon Frenzel (both associate, both Düsseldorf),
Regulatory: Katharina Hesse (lead, Düsseldorf), Dirk Uwer (Düsseldorf/London, both partner).
