2017-3-9
Nater Dallafior successfully represents Bombardier Transportation (Switzerland) Ltd. in public procurement proceedings in Zurich

Following ordinary public procurement proceedings, Bombardier Transportation (Switzerland) Ltd. was awarded a work contract for the production and delivery of up to 140 trams for Zurich. Siemens Schweiz Ltd. and Stadler Bussnang AG appealed against such decision and requested, inter alia, that the effects of the award be stayed. Following our arguments, the administrative court of the canton of Zurich dismissed both competitors' requests that the appeal be granted suspensive effect. The court considered that VBZ as procuring government did not violate any principles of public procurement law and that even if the competitors' offers had been rated higher, Bombardier's offer would still have presented the best offer. Moreover, the administrative court argued that the public interest in a swift production and delivery of the new trams was overriding. The Nater Dallafior team included Roberto Dallafior and Martin Rauber (interim decision VB.2016.00300 of 10 February 2017).