Conflict of interests in the awarding of contracts

In its decision of 30 October 2018, the Karlsruhe Higher Regional Court ordered the partial repetition of an award procedure for a strategic partnership in order to participate in the award of a license for the respective local electricity networks, as one of the advisors in the award procedure was in a conflict of interest. At the same time, the consultant had advised the two cities on energy management and also supported the parent company of the successful bidders in court proceedings, which were conducted simultaneously. According to § 5 of the Licensing Ordinance, a conflict of interests already exists if there is a possibility that impartiality may be impaired. (OLG Karlsruhe, Dec. of 30 October 2018 - File No.: 15 Verg. 5/18)