Germany's pressing need to replace its ageing CH-53G-series helicopters can now move forward with the news that the country's courts will not force the Bundeswehr to reopen the approval process as it was when the former competition was cancelled in September 2020. (US Air Force)
German lawmakers have resolved the legal dispute that had stalled the Schwere Transporthubschrauber (STH) heavy-lift helicopter programme, finding on 15 December that there is no requirement for the Bundeswehr to reopen the award procedure as it was at the time of cancellation in September 2020.
While the Dusseldorf Higher Regional Court that was hearing the protest from Lockheed Martin agreed with the earlier view of the Federal Procurement Chamber that the decision to terminate the award procedure was unlawful, the judges did not consider this a valid reason to oblige the contracting authority to reopen the award procedure at this time. As such, the Bundeswehr is now clear to proceed with its relaunched Foreign Military Sales (FMS) procurement effort.
“We have been fully confirmed in our view that the termination of the procedure at that time was unfounded and not caused by excessive pricing of the bidders,” Dr Dennis Goege, VP Central and Eastern Europe at Lockheed Martin, told Janes
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