On September 1, 2021, Rostock Higher Regional Court dismissed the motion of an Austrian competitor of Luca, so that the challenge also failed in the second and final instance. Dr. Martin Schellenberg and Marc Philip Greitens, both lawyers at Heuking Kühn Lüer Wojtek in Hamburg, represented the German state of Mecklenburg-Vorpommern also before the Higher Regional Court. On May 4, they had already obtained the first instance decision for the German state before Public Procurement Chamber of Mecklenburg-Western Pomerania.
Background information: In May, several German states had procured the Luca system without conducting a Europe-wide tender. The Austrian competitor subsequently claimed in the proceedings that it would also be able to provide the requested contact tracing. The Higher Regional Court has now dismissed this motion.
Counsel to State of Mecklenburg-Western Pomerania
Heuking Kühn Lüer Wojtek:
Dr. Martin Schellenberg (Lead)
Marc Philip Greitens, B.A., LL.B. (both Public Procurement), both Hamburg