Digital radios for the Bundeswehr: court examines order
The Düsseldorf Higher Regional Court must decide whether the direct award of a major contract for the procurement of digital radio equipment for the German Armed Forces was lawful. The contract was awarded to the Munich-based company Rohde & Schwarz - and the French Thales Group has lodged an appeal against this.
However, this could now fail due to a formal error, as became clear at the hearing on Wednesday. Since the beginning of the year, immediate appeals must be submitted to the courts electronically. However, the appeal had been posted - without attachments - in the Higher Regional Court's overnight mailbox.
The electronic transmission with the attachments took place somewhat later, as the presiding judge Christine Maimann announced. The court is now examining whether to reject the challenge to the award of the contract for this reason alone as no longer timely.
Following Russia's attack on Ukraine, which violated international law, the German government changed its approach to the digitalization of the Bundeswehr, dispensed with a lengthy procurement procedure and awarded the contract directly.
At first instance, the Federal Cartel Office's Public Procurement Senate ruled that a review of this procedure was permissible, but rejected the challenge as unfounded. The Higher Regional Court will now decide 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 classified as confidential, according to those involved in the proceedings. "We are not reviewing 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. Media reports that the digital devices do not fit into the vehicles were rejected by Lieutenant General Michael Vetter on the sidelines of the hearing.
The dimensions had been tested and specified for 200 different vehicle types. The fact that the installation was nevertheless difficult was mainly due to the safety requirements: The digital radios should not pose any danger to the crew of the vehicles in the event of an enemy hit.
The lawyer for Thales, Jan Byok, said on Wednesday: "We believe that the entire contract award serves to support and promote domestic industry. It is about the industrial policy goal of breeding national champions and promoting the domestic defense industry."
However, the public was excluded from parts of his plea due to confidentiality regulations. A decision (case no. VII Verg 22/23) is not expected for several weeks.
The defense industry is closely involved in the dispute over the procurement of digital radio equipment for the Bundeswehr, as Munich-based company Rohde & Schwarz received the contract, while the French Thales Group lodged an appeal. The Federal Government changed its approach to Bundeswehr digitalization following Russia's violation of international law, bypassing a lengthy procurement process and awarded the contract directly.
Source: www.dpa.com
