The French lodge a complaint
Court examines major order for Bundeswehr radio equipment
November 8th, 2023, 8:42 p.m
After Russia’s invasion of Ukraine, the federal government is accelerating its processes for modernizing the Bundeswehr. When it comes to awarding contracts for new radio equipment, the Thales Group feels disadvantaged. But the French complaint could fail due to a formal error.
The Düsseldorf Higher Regional Court must decide whether the direct award of a major contract to purchase digital radio equipment for the Bundeswehr was legal. The order went to the Munich company Rohde & Schwarz – and the French Thales Group lodged a complaint against it. However, this could now fail due to a formal error, as became clear in the oral hearing.
Since the beginning of the year, immediate complaints must be submitted to the courts electronically. However, the complaint was posted – without attachments – in the night mailbox of the Higher Regional Court. The electronic transmission with the attachments took place a little later, as the presiding judge Christine Maimann announced. The court is now examining whether it will reject the challenge to the award of the contract as no longer within the deadline for this reason alone.
“We do not check the classification as secret”
After Russia’s attack on Ukraine, which violated international law, the federal government changed its approach to digitizing the Bundeswehr, forgoing a lengthy procurement process and awarding the contract directly. In the first instance, the Federal Cartel Office’s Public Procurement Senate found a review of this procedure to be permissible, but rejected the challenge as unfounded. The Higher Regional Court now decides in the second and final instance. The specific modalities are classified as secret. How many devices are involved and whether the rumored order volume of around one billion euros is correct is already covered by secrecy, as those involved in the process said.
“We do not examine the classification as secret,” emphasized the judge. The subsequent installation of the devices, where there are apparently problems, is also not part of the proceedings. On the sidelines of the negotiation, Lieutenant General Michael Vetter rejected media reports that the digital devices did not fit in the vehicles. The dimensions were tested and specified for 200 different vehicle types. The fact that installation is still difficult is primarily due to the safety requirements: the digital radio devices should not pose any danger to the crew of the vehicles in the event of an enemy hit.
Thales’ lawyer, Jan Byok, said: “We are of the opinion that the entire contract award serves to support and promote the domestic industry. It is about the industrial policy goal of breeding national champions and promoting the domestic defense industry. ” However, parts of his plea were excluded from the public due to secrecy regulations. A decision is not expected for a few weeks.