Emission-free trains for Ortenau – Heuking Kühn Lüer Wojtek supports the state of Baden-Württemberg

On December 10, 2023, for the first time emission-free railcars will enter into regular service locally in Baden-Württemberg in the Ortenau network (network 8). Landesanstalt Schienenfahrzeuge Baden-Württemberg AöR (SFBW) awarded Siemens Mobility GmbH the contract to supply and maintain the battery electric multiple units.

The railcars are a novelty for Baden-Württemberg: In sections where the Ortenau network is not electrified, they will run on battery power. The batteries are charged in advance via the overhead wire system. Siemens will not only supply the railcars, but will also keep them available for 30 years, i.e., it will in particular perform maintenance. The team led by Dr. Ute Jasper also successfully represented SFBW in a review procedure of a defeated bidder across two instances up to Karlsruhe Higher Regional Court.

“This is a huge success for Baden-Württemberg,” Dr. Ute Jasper, Head of Heuking Kühn Lüer Wojtek’s Public Sector & Public Procurement practice group, was pleased to note. “For the first time, a German state under a government of Greens and Conservatives will entirely refrain from using diesel railcars, unless they are absolutely necessary,” said Dr. Ute Jasper. “Meeting SFBW’s strict requirements, the Siemens technology prevailed in the competition,” added Dr. Christopher Marx, who is responsible for legally compliant concepts for award procedures and contracts. “Additionally, we were able to successfully defend all challenges on the procedure,” said Dr. Laurence Westen, who structures award procedures for public clients and ensures implementation in legally compliant manner.

The Public Sector & Public Procurement department led by Ute Jasper has been one of the three best procurement law practices for years. Since 1991, it has advised on awards, restructuring, large-scale projects, and cooperations in the public sector and has accompanied several hundred large-scale projects of federal, state, and local authorities and their subsidiaries with a total volume of more than EUR 20 billion without any procedures having been successfully challenged to date.

 Dr. Ute Jasper is one of the most renowned lawyers for procurement and infrastructure projects in the public sector. She advises federal and state ministries, municipalities, and businesses, particularly on innovative and complex projects. Ute Jasper heads Heuking Kühn Lüer Wojtek's “Public Sector & Public Procurement” department. For years, she has been ranked number 1 in Public Procurement Law in JUVE’s Handbook of Commercial Law Firms, most recently in its 2017/2018 issue, and according to “Law Firms in Germany,” is the “premier contact on the market” for infrastructure. In October 2016, she received the JUVE Award for Regulated Industries with her team.

 Dr. Christopher Marx is a lawyer and since 2020 Partner in the “Public Sector & Public Procurement” practice group, Düsseldorf. His practice focuses on complex and innovative projects in public procurement law and contract law as well as the drafting of contracts under civil law.

 Dr. Laurence M. Westen is a lawyer and since 2020 Partner in the “Public Sector & Public Procurement” practice group, Düsseldorf. His practice focuses on advising public clients on the award of major projects and defending against applications for review with the public procurement tribunals.

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