Transport (ÖPNV and SPNV)
Local public transport (ÖPNV)
We have many years of consulting experience in local public transport, in particular in the financing of local public transport through public service contracts in accordance with Regulation (EC) No. 1370/2007 and general regulations. One focus is on direct awards, where we provide support both in establishing the requirements for direct awards and in carrying out the actual award. We advise municipal transport companies and their public authorities as well as medium-sized transport companies throughout Germany. As “sector consultants”, we also keep an eye on the effects of the Clean Vehicles Directive and the Clean Vehicles Procurement Act and issues such as vehicle financing. In addition, we also deal with the interests of applicants in the approval competition.
In addition to public procurement law, our expertise also extends to state aid law, company law and antitrust law. In state aid law, we protect comprehensive subsidies, e.g. for vehicles, against violations of the ban on state aid (Art. 107 (1) TFEU) and reclaims. With regard to other areas of law, we can therefore offer excellent solutions for both very comprehensive and very specific issues, for example in the areas of financing (deficit compensation), purchasing cooperations or long-term local transport planning.
Local rail passenger transport (SPNV)
Local rail passenger transport (SPNV) operates in a particularly competitive environment. Competition law issues are therefore a central component of our advice in the field of regional rail transport. We support transport companies from the outset in competitive tendering procedures relating to the operation of their own network or new networks with local trains. We advise on the bidding process and subsequently on all tenders (procurement of trains, wagons and rails) as well as on direct awards in accordance with Regulation (EC) No. 1370/2007. However, we also advise outside of the competitive process, for example when it is necessary to form a “group of competent authorities” with the participation of the federal states and to carry out a direct award procedure in accordance with Article 5 (2) of Regulation (EC) No. 1370/2007 in order to secure linked services.
Our leading antitrust practice also has a great deal of experience in the field of regional rail transport, including in the establishment of purchasing cooperations and in antitrust damages proceedings.
