The Authority for Railway Reform (ARF) is waiting for the reasoning of the Court of Appeal regarding the admission of the appeal submitted by Alstom Transport to the contract signed by ARF with the Polish manufacturer PESA for 62 new short-distance trains, the president of the authority, Ştefan Roşeanu, said for AGERPRES.
“In the case of the 62 trains, we are still waiting for the Court’s motivation to see what are the points to be reevaluated in the offer made by PESA, at least that is what follows from the brief motivation that is published on the justice portal, but exactly the points that will have to reanalyzed, we won’t know them until after the motivation comes.
Until that moment, according to the legislation, the PESA service contract continues its life and, following the reevaluation, we will see what the next steps are. It is premature to speak about cancellations or non-cancellations, especially since at this moment, in this brief motivation, nothing is written about the cancellation of the contract. Contracts are annulled when the court expressly requests it”, argued Roşeanu.
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Also, the head of the ARF emphasized that in the court’s brief reasoning it is said that it “admits in part” the appeal, so the aspects that were “retained” are not yet known.
“In the brief presentation, the court says that they partially retained (some aspects of the appeal – no), so we cannot even know what are the points they retained. On some things we can say that ARF was clearly right, once the points contested by Alstom were not retained, maybe on others Alstom was right, which is why we have to do the re-evaluation and see what the result of the re-evaluation is”, he explained .
Ştefan Roşeanu also referred to the fact that public procurement legislation talks about granting compensation to the party that contested, “if the results are different from those originally expected”.
Pojazdy Szynowe Pesa Bydgoszcz Spolka Akcyjna (PESA), Poland, and Alstom Transport, France, are the two companies that submitted offers at the beginning of last year in the tender for the purchase of 62 short-haul electric frames (RE-R), organized by ARF.
At the end of October, the Railway Reform Authority designated the Polish company Pojazdy Szynowe Pesa Bydgoszcz Spolka Akcyjna – PESA – as the winner of the tender for the purchase of 62 regional electric frames (RE-R), lots 1, 2 and 3, and in January 2024 the contract was signed. In parallel, the French company filed appeals. If the CNSC rejected the appeal, Alstom Trasport appealed the decision of the National Council for the Resolution of Appeals to the Bucharest Court of Appeal, and the court “partially admits the complaint of Alstom Transport SA”, according to the brief solution.
