Stromnetz Berlin considers award decision in concession tendering process unlawful and files for an interim injunction – Cooperation bid remains in effect
Stromnetz Berlin considers award decision in concession tendering process unlawful and files for an interim injunction – Cooperation bid remains in effect.
Today, Stromnetz Berlin GmbH filed for an interim injunction at the Berlin Regional Court with respect to the concession tendering process for electricity.
On 11 March 2019 the Senate Department of Finance announced that it had made a selection decision in favour of the state-owned bidder Berlin Energie as part of the concession process for electricity and therefore intends to conclude a new concession agreement with Berlin Energie.
Following a thorough examination of the reasons behind the decision and the relevant documents provided by the awarding body, Stromnetz Berlin reached the conclusion that the selection decision is unlawful. The Senate Department for Finance declined to alleviate any of the complaints raised by Stromnetz Berlin against the award decision. For this type of case, the Energy Industry Act (Energiewirtschaftsgesetz) stipulates that an interim injunction against the award decision has to be filed within a 15 day deadline.
We sincerely regret the course of the concession award process so far, especially since we submitted an offer of cooperation on equal terms to the State of Berlin in addition to a concession bid. The awarding body has not yet acknowledged or assessed the cooperation bid, which entails a participation in Stromnetz Berlin and can be accepted by the State of Berlin at any time.
Regardless of the Senate Department's decision and the legal proceedings that are now expected, Stromnetz Berlin remains committed in guaranteeing a high quality of supply within the Berlin distribution network and in further advancing the digitisation and modernisation of the grid in the interest of all customers.