Duisburger Hafen AG’s Review Procedure For The Duisburg Gateway Terminal Construction

GSK Stockmann has successfully represented Duisburger Hafen AG in the review procedure.

Rhenus SE & Co. KG had initiated a review procedure against Duisburger Hafen AG.

Given the fact that Germany will phase-out coal and that the importance of container transport to and from China by rail is growing, Duisburger Hafen AG has established a joint venture, Duisburg Gateway Terminal GmbH, with Hupac SA, H.T.S. Indermodal BV and COSCO SHIPPING Logistic (Europe) GmbH. Over the next few years, Duisburg Gateway Terminal GmbH will build the largest container terminal in the European hinterland with a capacity of 850,000 TEU replacing the so-called coal island. Once completed, the new terminal is expected to handle up to 100 container trains per week from China.

The facility comprises an area of 240,000 m², of which 20,000 m² will be covered with warehouses. Furthermore, there are six gantry cranes, twelve rail freight platforms of 730 m each, five loading areas and three berths for barges being planned, as well as an area of 60,000 m² for container storage. The investment volume amounts to approximately EUR 100 million.

The review procedure concerned the establishment of the joint venture and the transfer of the coal island to Duisburg Gateway Terminal GmbH. Rhenus SE & Co. KG argued that the conclusion of the contract for the port areas and the interest in Duisburg Gateway Terminal GmbH should have been advertised in a formal call for bids. The Public Procurement Board Rhineland, however, rejected the requested review on 29 April 2020, arguing that neither the specific leasehold contract (Erbbaurechtsvertrag) nor the establishment of the company created any obligations for Duisburg Gateway GmbH that Duisburger Hafen AG should have advertised the contracts in an invitation to tender as a public contract or concession under procurement law.

Following the withdrawal of the applicant’s immediate appeal to the Düsseldorf Higher Regional Court, the decision of the Rhineland Public Procurement Board is now final. The decision is of particular importance because it is the first time that a review body has decided on the matter, which has been discussed for years in which cases the transfer of a harbour site by public undertakings responsible for port infrastructure is subject to procurement law and in which not.

Duisburger Hafen AG (duisport) is the owner and operator of the world’s largest inland port – the Port of Duisburg. With ten subsidiaries, the duisport Group acts globally as a full service provider for comprehensive logistics solutions.

This includes the development of port and logistics concepts, relocation management, transport services, industrial packing and the development of unused industrial areas into modern logistic centers.

The GSK Stockmann team was led by Arne Gniechwitz (Picture), Christoph Strelczyk, Wolfgang Jegodka, Sören Wolkenhauer, Manuel G. Feller, Vanessa Lampe with assistance from Duisburger Hafen AG’s inhouse, led by Markus Bangen and Andreas Keller.

Involved fees earner: Manuel Feller – Gsk Stockmann; Arne Gniechwitz – Gsk Stockmann; Wolfgang Jegodka – Gsk Stockmann; Vanessa Lampe – Gsk Stockmann; Christoph Strelczyk – Gsk Stockmann; Sören Wolkenhauer – Gsk Stockmann;

Law Firms: Gsk Stockmann;

Clients: Duisburger Hafen AG;

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