Summary title: Petition No 0509/2021 by Peter Schönberger (German) on alleged violations by Deutsche Bahn AG of EU public procurement law when building stations
Petition number: 0509/2021
Topics: Transport, Competition
Name: Peter Schönberger
The petitioner calls on the Parliament to investigate the procurement policy of Deutsche Bahn AG and to ensure that it complies with the rules of EU public procurement law when constructing new station buildings. The petitioner explains that Deutsche Bahn AG, owned by the Federal Republic of Germany, also includes the infrastructure companies DB Netz AG and DB Station & Service AG, which perform non-commercial activities in the public interest. In the view of the petitioner, these companies are thus subject to the provisions of EU public procurement law. The petitioner subsequently describes three tenders for the construction of new railway station buildings in which, in his opinion, these provisions did not comply with. According to him, neither contract notices nor contract award notices for the planned new railway station buildings in Paderborn and Ingolstadt were published in the Official Journal of the EU. For the construction of the new railway station in Hamburg-Altona, a contract and award notice had been published in the Official Journal of the EU, but the contract notice had been misleadingly characterised as voluntary, although, according to the petitioner, the relevant thresholds for the application of EU public procurement law had been exceeded. Furthermore, the petitioner alleged that the estimated total size of the contract had not been indicated and that the contract had been awarded to a bidder who had not participated in the competition. Finally, according to the petitioner, a competition notice should have been published for the architectural competition for the development of the new Hamburg-Altona railway station.