Defense - Green light for new digital radios for the Bundeswehr
The Düsseldorf Higher Regional Court has given the go-ahead for the controversial equipment of the German armed forces with digital radios. The major contract, which is said to be worth more than one billion euros, was awarded to the Munich-based company Rohde & Schwarz.
The French Thales Group was left empty-handed and lodged an appeal. The Higher Regional Court rejected this as inadmissible in a legally binding decision.
The appeal was inadmissible simply because it had not been lodged within the two-week deadline, according to the public procurement senate chaired by Judge Christine Maimann.
No prospect of success in terms of content either
However, the court also stated that the appeal had no chance of success in terms of content. 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.
This was permissible, as the Act against Restraints of Competition expressly permits this in such a case. The Federal Republic was allowed to act in this way in order to protect its essential security interests. The overall situation for the procurement of a digital command and control radio system had changed with Russia's war of aggression against Ukraine.
The specific modalities are classified as secret. How many devices are involved and whether the rumored order volume is correct is already classified as secret, according to those involved in the process.
Tight security requirements
Media reports that the digital devices do not fit into the vehicles were rejected by Lieutenant General Michael Vetter on the sidelines of the trial. 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.
However, the batteries and generators of some of the vehicles are said to be too weak for the new radios. The court did not deal with the installation and integration of the devices. Thales' lawyer, Jan Byok, had argued that the direct award of the contract was primarily intended to support and promote the domestic defense industry.
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- The Federal Government decided to expedite the digitalization of the German armed forces' command and control radio system due to Russia's violation of international law in Ukraine.
- The Higher Regional Court in Düsseldorf ruled that the appeal lodged by Thales Group against the award of the contract to Rohde & Schwarz was inadmissible.
- The appeal was considered inadmissible due to its late submission, as per the public procurement senate chaired by Judge Christine Maimann.
- The court further stated that the appeal had no chance of success in terms of content, as the new approach was permitted under the Act against Restraints of Competition.
- The equipment of the federal armed forces with digital radios by Rohde & Schwarz is worth more than one billion euros, and the contract was awarded following the German government's change in approach.
- The exact number of devices and the order volume are classified secrets due to tight security requirements.
- The rumors about the digital devices not fitting into the vehicles were refuted by Lieutenant General Michael Vetter, as the dimensions had been tested and specified for 200 different vehicle types.
- The installation of the devices was reportedly challenging due to safety requirements, ensuring no danger to the crew in case of an enemy hit.
- Thales' lawyer, Jan Byok, argued that the direct award of the contract was primarily intended to support and promote the domestic defense industry in Germany, including companies like Rohde & Schwarz in Bavaria and North Rhine-Westphalia, and the broader defense industry in Germany.
Source: www.stern.de
