The legal dispute between Fastned, Tesla, and Autobahn GmbH has been gaining momentum, drawing the attention of the electric mobility sector across Europe.
At the heart of this conflict lies the granting of exclusive rights for the operation of service stations on German motorways, which are almost entirely dominated by Tank & Rast.
According to a statement released by Fastned, this company holds 90% of the concessions, placing it in a position they describe as a “de facto monopoly.”
For firms seeking to expand their fast-charging networks in Germany, this situation presents an obstacle in their mission to provide accessible and competitive infrastructure.
The root of the problem dates back to the privatisation of motorway service stations in Germany in 1998.
Since then, Tank & Rast has maintained a dominant position in this market.
In 2022, the situation became even more complex when Autobahn GmbH and Tank & Rast decided to extend existing concession contracts to include fast-charging stations for electric vehicles (EVs).
According to the plaintiffs, this extension was not carried out through an open tender process, but was instead awarded directly to Tank & Rast, further consolidating its control over motorway service areas.
“We believe that the right to operate fast-charging stations at motorway service areas in Germany should be tendered freely and transparently to all interested market participants,” declares Fastned.
The Dutch company emphasises that EV charging is not comparable to traditional refuelling, as it involves fundamental differences in terms of technology, pricing, and location needs.
The complexity of the case led the Düsseldorf Higher Regional Court to refer the matter to the Court of Justice of the European Union (CJEU) for clarification on the legality of the concession contract modifications.
How?
In June 2023, Düsseldorf decided that certain fundamental questions related to the modification of the concession contracts needed to be clarified by the CJEU before a final ruling could be issued.
The hearing before the CJEU took place on 9 July 2024.
In this context, Mobility Portal Europe consulted Fastned on the status of the resolution, to which they responded: “We cannot say much at this time, as no result is expected before October.”
Autobahn GmbH, aware of the risk posed by an unfavourable ruling, has opted to temporarily freeze the expansion of charging points at service stations under its control.
This measure aims to minimise the risk of a costly reversal should the stations installed since 2022 be declared illegal.
At some stations, new high-power chargers have been limited to 50 kilowatts (kW) to comply with current regulations, pending a definitive legal resolution.
Meanwhile, the electric mobility sector is watching closely as this case unfolds, as it could set a precedent in the regulation of charging infrastructure across Europe.
Fastned and Tesla remain optimistic, confident that the CJEU’s decision, followed by that of the Düsseldorf Higher Regional Court, will favour a more competitive and open market.
“Our aim is to secure a ruling in our favour, and therefore in favour of all electric travellers,” they detail.
They add: “Only the expansion of charging infrastructure within a framework of free competition will ultimately lead to the best possible offering.”
In this scenario, October is shaping up to be a crucial month.
Nevertheless, within the sector, it is reported that a ruling is not anticipated before the spring of 2025, approximately two years after the initial claim.
Background on Fastned’s charging network in Germany
This year, the company won the tender for Deutschlandnetz (German Network).
With it, the federal government guarantees a comprehensive fast-charging infrastructure, designed to be easily accessible and tailored to needs.
The Federal Ministry of Digital and Transport (BMDV) and Autobahn GmbH are responsible for ensuring the implementation of this project.
Through tenders, 900 regional locations and 200 on roads have been awarded for the construction and operation of High Power Charging (HPC) infrastructure.
Within this framework, Fastned has the opportunity to install fast-charging stations at 34 unmanned roadside service areas, mainly in the northern part of the country.
However, tender winners are restricted from installing catering or commercial services in unmanned rest areas, as well as from upgrading existing sanitary facilities.
In this regard, Linda Boll, Country Manager of Fastned Germany, points out to Mobility Portal Europe:
“We see the danger that real competition with Tank & Rast service stations will be hindered, as drivers understandably want to be able to have a snack or coffee and use a clean bathroom when refuelling or charging.”
They therefore hope to engage in dialogue with the Federal Ministry and Autobahn GmbH to make improvements and offer their customers the best possible charging experience.
“This is the only way to create real competition,” she emphasises.
It should be noted that the tender framework clearly outlines how infrastructure on motorways should be configured.
The stations cannot follow a self-service concept, and the roof construction is specified by the project authorities.
As a result, the design of Fastned’s stations will differ considerably from their conventional models.
