The Düsseldorf Higher Regional Court permits the participation of public utility company Stadtwerke Aachen AG in the Wachtberg municipal utilities (decision of February 04, 2013, VII-Verg 31/12). According to the court, the award procedure designed by Heuking Kühn Lüer Wojtek was legally permissible in all points.
"In its decision, the Düsseldorf Higher Regional Court comments on various items that cities and municipalities have to take into account in their energy projects," said procurement law expert Dr. Ute Jasper of the law firm of Heuking Kühn Lüer Wojtek. "We are pleased that our procedure concept was confirmed without reservation. This provides legal security for the strategic partnerships."
The Wachtberg municipality put the participation of a partner in the new municipal utilities out for tender in a European-wide award procedure. A losing bidder had filed a complaint against the award decision and challenged the entire procedure.
Previously, numerous new establishments of public utilities were ruled impermissible by courts and the Federal Cartel Office. Most recently, the Federal Cartel Office had challenged for example the project of the city of Mettmann.