Court: High-speed charging stations on federal highways must be tendered - German Court Orders New Competitive Test for Autobahn Fast-Charging Stations

A German court has ordered a fresh test process for fast-charging stations on federal motorways. The ruling follows a legal challenge by Fastned Deutschland, which argued that existing contracts were unfairly extended without competition. The decision marks a significant shift in how charging infrastructure will be allocated across the country's Autobahn network.

The dispute centred on 360 concession agreements for service areas along German motorways. These contracts, originally granted for fuel and rest services, were later amended to include fast-charging points without a new competitive test. Fastned Deutschland took legal action, claiming that Autobahn Tank & Rast GmbH and Ostdeutsche Autobahntankstellen GmbH had been handed the rights to build and operate chargers without a Europe-wide test.

The Higher Regional Court in Düsseldorf ruled that the expansion of these concessions did not meet the criteria for a valid amendment. According to the court, the addition of fast-charging infrastructure was not essential to the original operation of the service areas. This conclusion aligned with a broader principle set by the European Court of Justice (ECJ), which allows changes to existing concessions only if they directly relate to the original agreement.

The court's decision is final, meaning Autobahn GmbH must now launch a formal procurement procedure for installing fast-charging stations. The ruling has been welcomed by competition experts, including Tomaso Duso, chair of Germany's Monopolies Commission. He described it as 'good news for competition', emphasising that it would lead to a more transparent and fair allocation of charging infrastructure space.

The outcome forces a competitive test for future fast-charging projects on federal highways. Autobahn GmbH will need to follow strict procurement rules, ensuring equal opportunities for all providers. The move is expected to increase competition and potentially improve the rollout of charging networks across Germany.