After years of controversy surrounding the Large Transportation Contract concluded in 2003, the German state of Baden-Württemberg and DB Regio AG have reached a settlement agreement. The compensation under the contract with a total volume of some EUR 6 billion, a term of 13 years and covering 40 million train kilometers of annual operations had been disputed. For this reason, the state of Baden-Württemberg had withheld about Euro 135 million from 2012.
The team of law firm Heuking Kühn Lüer Wojtek, led by Dr. Ute Jasper, reviewed the contract pertaining to matters of civil, state aid, price, public procurement, and antitrust law and advised Baden-Württemberg in its negotiations with DB Regio.
In the compromise that has now been achieved, DB Regio waived half of the retained amount of Euro 67 million and interest of about EUR 20 million, guarantees better train material, and agrees to provide additional services.
This is a remarkable achievement in view of the complex factual and legal starting position.
Dr. Ute Jasper is one of the best known lawyers for public procurement and public infrastructure projects. She advises federal and state ministries, municipalities, and companies. Ute Jasper heads Heuking Kühn Lüer Wojtek's "Public Sector & Public Procurement" department. For years, she has been ranked number 1 in JUVE Handbook of Commercial Law Firms, and according to "Law Firms in Germany" is the "premier contact on the market" for infrastructure.
Dr. Laurence Westen is a lawyer in the "Public Sector & Procurement" practice group, Düsseldorf.
Dr. Christopher Marx is a lawyer in the "Public Sector & Procurement" practice group, Düsseldorf.
Additional lawyers involved:
Kirstin van de Sande (State Aid Law)
Beatrice Stange, LL.M. (Antitrust Law)
Michael Vetter, LL.M. (Antitrust Law)