The Austrian Federal Railways (ÖBB) has placed an order with Stadler for up to 186 new double-decker trains under a framework agreement with a ten-year term. Stadler will supply four, five and six-car double-decker multiple-unit KISS trains. In total, the contract is valued at up to EUR 3 billion.
CERHA HEMPEL has been providing Stadler with comprehensive legal advice and successfully representing it since 2019, both in the award procedure, which was conducted as a negotiated procedure with a prior call for competition, and in the review proceedings brought by Alstom Transport Deutschland GmbH and also by Stadler itself before the Federal Administrative Court and the Administrative Court.
In the final instance, the Administrative Court cleared the way for conclusion of the contract. All legal obstacles have been removed and the ÖBB has subsequently been able to complete the tendering process.
Between four and six of the five-car double-decker multiple-unit trains are intended to be put into operation with the CAT airport service. The four and six-car multiple-unit double-decker trains are intended for use in the eastern region.
Stadler was named best bidder in the tender. The award decision is now legally binding following expiry of the standstill period.
CERHA HEMPEL partner Georg Konrad is pleased that it has been possible to conclude the double-decker project successfully in spite of the delays that arose.
The team at CERHA HEMPEL consisted of Georg Konrad (Partner, Corporate/Commercial, Infrastructure), Stefan Huber (Partner, Public Law), Wolfgang Schreiner (Senior Associate, Corporate/Commercial, Infrastructure), Simona Dabeskovic (Associate, Corporate/Commercial, Infrastructure) and Michaela Kober (Associate, Corporate/Commercial, Infrastructure).