On 20 March 2020 the Public Procurement Senate of the Berlin Appellate Court rejected the immediate appeal in the proceedings against Berliner Verkehrsbetriebe (BVG) concerning the ordering of new underground trains (Case No. Verg 7/19).
BVG can thus trigger the order of up to 1,500 underground trains from the manufacturer Stadler. This is one of the largest orders in European transport history. As part of the "Future-proof vehicle procurement" programme, BVG invited tenders at the end of 2016 for the supply of vehicles and the associated spare parts for the lifetime of the vehicles.
The French train manufacturer ALSTOM objected to the intended award of the contract to Stadler, and in May 2019 submitted a review proceeding to the Berlin Chamber of Public Procurement. After rejection, ALSTOM continued to pursue the request before the Berlin Court of Appeal. Following the oral hearing on 20 March 2020, the court rejected the application for review in the last instance.
Luther Rechtsanwaltsgesellschaft has already advised BVG during the entire procurement process. Due to the importance of the transaction for local public transport in Berlin, the law firm Müller-Wrede, Berlin, was additionally mandated by the Supervisory Board shortly before the award decision. The law firms conducted the review proceedings jointly for BVG.
Luther (Public Procurement Law):
Ulf-Dieter Pape, Lawyer, Certified Specialist in Public procurement Law, Diplom-Verwaltungswirt and Partner (Federführung)
Dr. Rut Herten-Koch, Lawyer, Certified Specialist in Public procurement Law and Partner
Dr. Henning Holz, Lawyer, Certified Specialist in Public procurement Law, Counsel
Dr. Franziska Klaß-Dingeldey, Certified Specialist in Public procurement Law, Senior Associate
Luther (Industry Mobility & Logistics)
Jens-Uwe Heuer-James, Lawyer and Partner
Müller, Wrede & Partner
Malte Müller-Wrede, Lawyer, Certified Specialist in Public procurement Law, Partner
Dr. Melanie Plauth, Lawyer, Associate
Frederic Delcuvé, Lawyer, Associate
For Berliner Verkehrsbetriebe
Ute Bonde, Head of Legal & Compliance