The legal battle involving Fastned and Tesla against Autobahn GmbH and Tank & Rast has captured the attention of the electric mobility industry in Europe.
At the heart of this conflict lies the exclusive grant of rights to operate service stations and rapid charging points on German motorways, predominantly controlled by Tank & Rast.
This situation has been described as a “de facto monopoly” by the plaintiff companies, who argue that the market should be more accessible and competitive.
Although a preliminary ruling was expected in October, no final verdict has yet been issued.
Mobility Portal Europe speaks with Florian Schmetz, Marketing Manager in Germany for Fastned, to learn more about the situation, who confirms:
“There is no update on that case. We still have to wait for the outcome.”
This implies that the deadline could extend until spring 2025, approximately two years after the official claim.
It is worth noting that, according to the final submissions published, Tesla withdrew from the national legal proceedings on 5 July 2024.
As a result, it did not attend the oral hearing scheduled for 9 July, unlike the other parties involved.
Background to the conflict
The issue has its roots in the privatisation of service stations on German motorways, undertaken in 1998.
Since then, Tank & Rast has dominated this market, controlling over 90% of the concessions to operate service stations on the country’s roads.
In 2022, the situation escalated when Autobahn GmbH and Tank & Rast decided to extend their concession contracts to include rapid charging stations for electric vehicles (EVs) without conducting an open tendering process.
Fastned and Tesla noted that this expansion of concessions was conducted opaquely, hindering free and transparent competition in the sector.
According to them, the operation of rapid “refuelling” stations should be open to all interested market players, which would enhance service and facilitate the transition to electric mobility in Germany.
In response to this situation, they filed a lawsuit with the Higher Regional Court of Düsseldorf, which, in June 2023, determined that certain key issues needed clarification from the Court of Justice of the European Union (CJEU) before issuing a final ruling.
The hearing at the CJEU took place in July 2024.
Meanwhile, the process had immediate effects on the expansion of charging infrastructure on German motorways.
Autobahn GmbH, aware of the potential risks of an unfavourable ruling, decided to temporarily freeze the installation of new rapid charging points at stations under its control.
Furthermore, limitations have been implemented at existing stations since 2022, where high-power chargers have been restricted to a capacity of 50 kilowatts (kW) to comply with current regulations while awaiting the final resolution.
The impact on the electric mobility sector
The legal dispute between Fastned, Tesla, and Autobahn GmbH has the potential to set a significant precedent for the regulation of charging infrastructure in Europe.
While the public network in Germany is crucial for the development of eMobility, the concentration of control in the hands of a few can hinder competitiveness and innovation in the sector.
Fastned and Tesla have maintained their firm stance, believing that a favourable resolution will promote competition and benefit all electric vehicle users in Europe.
“Our goal is to achieve a ruling in our favour, and thus, in favour of all electric travellers. Only the expansion of charging infrastructure within a framework of free competition will lead to the best possible offering,” Fastned representatives say
What lies ahead for the case?
While awaiting a definitive resolution, the expansion of rapid charging infrastructure on German motorways remains a sensitive issue.
Although the deployment of new stations is partially frozen, the eMobility industry is closely monitoring the development of this case, which could change the rules of the game for “refuelling” infrastructure across Europe.
With the possibility that the CJEU may issue a favourable ruling for Fastned and Tesla in 2025, the rapid charging market in the country is expected to open up to more competitors.
In the meantime, the conflict continues, with significant implications not only for Germany but for the entire European Union.
