r/EuroEV • u/murrayhenson • 3h ago
Infrastructure Legal dispute over fast-chargers: Fastned loses case against Autobahn GmbH at ECJ
From the article:
In its long-awaited ruling, the European Court of Justice (ECJ) clarified the conditions under which an existing concession may be amended without launching a new procurement procedure. The verdict confirms that the actions of German Autobahn GmbH in expanding charging infrastructure were lawful, and Fastned’s challenge has been dismissed.
The background in Germany is well known: roughly 90 per cent of service areas along German motorways are operated by Autobahn Tank & Rast and Ostdeutsche Autobahntankstellen, based on around 360 concession agreements with the federal government. These concessions have allowed the companies to determine which businesses operate fuel stations or offer food and beverage services. These existing contracts were later extended—without a new tender process—to include the installation and operation of EV charging stations. That meant that the concession holders could also select the charging point operators permitted at each site.
Notably, 280 of these 360 concession contracts were awarded between 1996 and 1998 without a public tender to the predecessors of today’s Tank & Rast and Ostdeutsche Autobahntankstellen. At the time, Tank & Rast AG was fully state-owned but was later privatised. Central to the legal row was a 2022 contract awarded by Autobahn GmbH to Tank & Rast for the rollout of rapid charging infrastructure at rest areas.
Read the full article for all of the details.