Tuesday, 29 January 2019

Orth Kluth successfully advises the Transdev Group in the dispute over the award of the contract for the S-Bahn rail network Hanover

In December 2018, the responsible authorities - Region Hanover (RH), Landesnahverkehrsgesellschaften Niedersachsen (LNVG) and Nahverkehr Westfalen-Lippe (NWL) - officially announced the results of the Europe-wide tender.

In May 2018, the Region Hanover informed the bidding DB Regio AG that it intended to award the contract to NordWestBahn GmbH in the procedure for awarding services in the S-Bahn Hanover network. The application for review of the envisaged award filed by DB Regio AG with the Lüneburg Public Procurement Chamber was rejected by decision of 7 August 2018. DB Regio AG lodged an immediate appeal against this decision, which was to be decided by the award panel of the Higher Regional Court (Case No. 13 Verg 6/18).

The immediate appeal initially has a suspensive effect, which is why the announced bid could not be awarded for the time being. By decision of 29 August 2018, the award senate had initially extended the suspensive effect for the time being.

With a further decision dated 10 October 2018, DB Regio AG's application to extend the suspensive effect until a decision on the immediate appeal has been rejected. The Region Hanover was instructed to immediately notify any award of contract. Thereafter, DB Regio AG withdrew the application for review.

Orth Kluth represented NordWestBahn in both instances of the review proceedings.