Companies like Tesla and Fastned are showing great interest in installing new fast charging stations in Germany. They want to build more public charging stations for electric cars at motorway service stations. The service provider Tank
The dispute began after the Bundestag passed the Schnellladegesetz (SchnellLG) 2021. It envisaged the construction of 1000 new locations with fast charging stations in Germany by 2023. tank
The Department of Transport strengthened Tank
In May 2022, Tesla and Fastned then initiated review proceedings with the Federal Cartel Office’s public procurement chamber. But the Public Procurement Chamber rejected the application a month later. Kay Weidner, spokesman for the Cartel Office, explains when asked by Stern: "The public procurement chamber [...] is of the opinion that the existing license of the tank
The law stipulates that the motorway service stations should serve the interests of motorists so that it is not necessary to exit the motorway to fill up, for example. The provision of fast charging stations serves the same purpose and is therefore included in the license granted, according to the public procurement chamber. Weidner explains: "In paragraph 5, paragraph 3 of the Rapid Charging Act, which is dated June 25, 2021, the legislator has provided that the current concessionaire [meaning: tank
Press spokeswoman at the Düsseldorf Higher Regional Court, Christina Klein Reesink, tells Stern: "Now the question arises - and the applicants [meaning: Tesla and Fastned] doubted it - whether the concession contracts could simply be extended or whether a new, real one could be signed The award procedure for the fast-charging infrastructure should have been advertised." In any case, Tesla and Fastned see themselves as right. "In our opinion, charging and refueling are fundamentally different," quotes the "Wirtschaftskurier". The two companies argue with "completely new business models and market participants who have nothing to do with refueling".
Due to the pending court decision, the expansion of the charging infrastructure has been stalled for around six months. And even a decision announced at the Düsseldorf Higher Regional Court does not necessarily mean clarity in the law relating to the construction of the charging stations, after all, the companies involved could go to the Federal Court of Justice (BGH) and then to the European Court of Justice (ECJ) in the next instance. A decision at the Düsseldorf Higher Regional Court is expected to be made on May 31. So until suppliers like Tesla and Fastned have certainty, they still have to be patient.