Raue has successfully advised the states Berlin and Brandenburg in the review proceedings concerning the SBSNS-II metropolitan rail tender. The federal states had collectively issued a tender for the supply of new rolling stock and the provision of transport services on the “North-South” and “Stadtbahn” S-Bahn sub-networks.
Alstom Transportation Germany GmbH had filed an appeal in a review procedure against the decision to award the contract to a consortium of bidders comprising Siemens Mobility, Stadler Deutschland, and S-Bahn Berlin GmbH. Initially, Raue had provided expert advice to the federal states to help them decide on the consortium’s possible exclusion from the tender process, primarily on the grounds of antitrust law. In the subsequent proceedings before the Public Procurement Tribunal, Raue, together with the law firm BBG, which was leading the tendering procedure, defended the federal states’ decision not to exclude the bidding consortium.
After the Berlin Public Procurement Tribunal rejected the application for review on 12 June 2026, Alstom Transportation Germany GmbH confirmed, before the deadline for appeal expired on 26 June 2026, that it would not be filing an appeal before the deadline expired. The contract can therefore be awarded to the bidding consortium as intended.
The SBSNS-II S-Bahn tender is one of the largest and most complex procurement procedures in local rail passenger transport in Germany. It concerns the investment decisions by the states of Berlin and Brandenburg regarding rolling stock, depots, and operations for key sections of the Berlin S-Bahn network over very long contract terms. Furthermore, the process is of considerable significance in terms of transport policy. It will be instrumental in determining the future quality of local transportation for millions of passengers each year.
(29 June 2026)