Based on the decision it was possible to award the contract to the other bidder involved.
This was decided by Appellate Court Düsseldorf (Case VII Vergabe 41/09) on November 30 2009, thus rejecting the review application of a bidding consortium. On the basis of this decision, it was possible to award the contract to Ed. Züblin AG.
It was the order for the expansion of the stations that was to be awarded. One of the two bids submitted for the expansion was excluded. The excluded bidder then filed a contract award review application with the public procurement complaint board, which was rejected on the grounds that the bidder had been correctly excluded. The subsequent appeal by the excluded bidder against the decision of the public procurement complaint board also remained unsuccessful.
Heuking Kühn Lüer Wojtek represented the other bidder in the review procedure before the public procurement tribunal and the public procurement division and successfully enforced the rejection of the review application and the award of the contract to this bidder.
The major transportation project "City-Tunnel Leipzig" with a scheduled total investment volume of about EUR 893 million is the central component in the reorganization of the railway system in the Leipzig metropolitan area. As a result of the decision of the Appellate Court, the project is now proceeding to its final phase.