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CERHA HEMPEL advises Stadler on ÖBB's procurement of battery-powered trains

CERHA HEMPEL has advised Stadler Bussnang AG ("Stadler") in connection with the ÖBB's tender procedure for up to 120 Cityjet battery-powered trains ("battery train project")

CERHA HEMPEL has advised Stadler Bussnang AG ("Stadler") in connection with the ÖBB's tender procedure for up to 120 Cityjet battery-powered trains ("battery train project")

Under a framework agreement, the ÖBB is ordering up to 120 Cityjet battery-powered trains from Stadler for commuter services over a ten-year period. The trains are intended to replace the ÖBB's existing diesel fleet. It will be possible to operate the trains in a sustainable manner on lines that are only partially electrified, especially in the east of Austria. The first 16 trains from the initial order are expected to enter service on the Kamptalbahn from 2028 and are yet another measure taken by ÖBB and Stadler to decarbonize rail transport in Austria. In total, the contract is valued at up to EUR 1.3 billion.


Rail transport is the most sustainable mobility solution there is. For this reason, shifting passenger and freight transport to rail plays a key role in the fight against climate change. However, to meet climate targets, rail transport also needs to become even more sustainable. In many countries, rail networks are not electrified at all or there are no overhead lines on certain sections of track, as is the case in Austria. By charging the traction batteries while the train is travelling under overhead lines, Stadler's battery-powered trains enable sustainable rail operation on non-electrified sections without diesel. Hydrogen is also an alternative offered by Stadler in the Zillertal, among other places.

Since 2022, CERHA HEMPEL has provided Stadler with comprehensive legal advice during the tender procedure, which was conducted as a negotiated procedure with a prior call for competition.

Stadler was named best bidder in the tender procedure. The award decision is now legally binding following expiry of the standstill period.
By advising on the battery train project, CERHA HEMPEL partner Georg Konrad is delighted to have contributed to the sustainability of rail transport in Austria.

The team at CERHA HEMPEL consisted of Georg Konrad (Partner, Corporate/Commercial, Infrastructure), Wolfgang Schreiner (Senior Associate, Corporate/Commercial, Infrastructure) and Simona Dabeskovic (Associate, Corporate/Commercial, Infrastructure).