The court of appeal of the complaint by the vehicle manufacturer Alstom’s against the LOB in the award of a losing group does not give up but.
Really uncertain of the outcome of the proceedings is not only of the time. Photo: imago images / Jürgen Heinrich
The Silence in room 449 of the Berlin chamber court at the Kleistpark lasted minutes: judge Cornelia Holldorf felt had been placed close to those involved in the process just for the umpteenth Time, to find a modus vivendi which would make a further time extension of the award of legal proceedings unnecessary.
But no: the lawyers of The Complainant, the vehicle manufacturer Alstom Rail – insisted on their request for re-inspection of files. On the other hand, the representatives refused to the inside of the SNB, the counterparty, with a breakdown of the legal costs to meet – which Alstom may it had declined to delay the decision of the court.
Like the would be, was basically since the first minutes of the appointment on Friday was clear: The judge, who had been involved in the case, could not understand that Alstom would have been at a disadvantage in the largest procurement in the history of the BVG. In may, the traffic had car company in the order of 1,500 U-Bahn and corresponding spare parts, the Alstom-competitors Stadler Pankow added. It’s going to be a volume of around 3 billion euros. to have
This succulent frame of the contract is not won, don’t let Alstom cold: The listed French group engaged in Germany alone, around 2,500 employees, moved only with a so-called review application before the procurement chamber at the Senate administration for the economy, and as its Rügen there not have been answered, continue to the last possible instance, Kolaybet the court of appeal. So much persistence is in the industry as rather unusual, after all, the chamber enjoys a high reputable reputation, and due to the immense value of the dispute, the court costs are in the low single-digit million range.
In your opening statement, judge Holldorf was once more the many of Alstom’s alleged points, only to each time be clear that you and your colleagues could not understand the allegations. The LPP have changed in the course of the method, the method for the assessment of tenders, award criteria were not verifiable, that the different providers have different deadline would have to get extensions, and there have been telephone consultations – all of which the court could not recognize.
To the allegation that Stadler’s bid price could be for the manufacturer not adequate, said Holldorf, it was not “to see where you take this.” The statement, Alstom itself could not offer the required quality at such prices, not rich anyway, as proof.
Alstom-the lawyers didn’t let up nevertheless, and ignored the recommendation of the judge to your client, “now just let go and devote himself to a new job”. Your request for inspection of files must now be court-tested. If it comes to that, the complaint leading group still have a more weeks to comment. More than a delay of the court decision and, therefore, the award of the contract to be possibly into the next year – seems not to get. At Alstom, you can see but, apparently, in the duty to its shareholders, and the increased return of interest.
The BVG does not want to comment, according to spokeswoman Petra cloves to the still ongoing procedures. The first new metro cars Supplement as planned in 2021, the ailing fleet of the LPP, but is expected to be excluded.
