The construction of the Prague Metro line D is once again being addressed by the Office for the Protection of Competition (ÚOHS) and the Regional Court in Brno

Brno - The tender for the construction of the second part of the Prague Metro Line D, in which the Prague Public Transit Company (DPP) once again selected a winner last year, is again being reviewed by the Office for the Protection of Competition (ÚOHS). The October selection of the consortium of Subterra, Hochtief, and BeMo Tunelling with a price of approximately 30 billion crowns excluding VAT has been challenged by the company Strabag at the office. This information was confirmed to ČTK by the office's spokesperson Martin Švanda.

The signing of the contract with the selected contractor is also blocked by a preliminary measure issued by the Regional Court in Brno. The court issued it at the request of the consortium Porr, Vinci, and Marti (PVM), which challenged an earlier decision of the ÚOHS regarding its exclusion from the tender. The court has not yet decided on the lawsuit, said the court's spokesperson Klára Belkovová to ČTK.

"The proceedings were initiated in November at the request of the contractor Strabag. The petitioner complains about the selection of the contractor, which is the consortium of companies Subterra, Hochtief, and BeMo Tunelling. A first-instance decision has not yet been issued," said Švanda.

"Last October, DPP announced that it had decided on the selection of the contractor for the construction of the second section of Metro Line D. Based on a proper evaluation of bids according to the public procurement law and taking into account previous decisions of the ÚOHS, DPP selected the most advantageous offer. This was submitted by the consortium of companies led by Subterra. At the same time, we informed that the contract with the selected contractor could be concluded after the expiration of the statutory deadlines according to the law. DPP is now waiting for the decision of ÚOHS and is providing it with full cooperation," stated DPP’s Head of Communication Daniel Šabík.

DPP selected the same contractor in 2023, but it later annulled the selection following a non-final decision from the ÚOHS. Subsequently, it repeated the selection in 2024, but it was once again annulled by the ÚOHS, now definitively. Last October, the transport company selected the consortium led by Subterra for the third time.

The contract concerns the section from Olbrachtova to Nové Dvory, which will connect to the section between Pankrác and Olbrachtova, under construction since 2022. However, the tender for the second part is facing problems due to proceedings at the antitrust authority, initiated by unsuccessful applicants for the contract. The selection of the contractor and thus the construction of the new line have been delayed. The metro from Pankrác to Písnice was originally expected to start operating in 2029; now there are talks of 2031.

In addition to the current proceedings at the ÚOHS, the signing of the contract with the tender winner is blocked by a preliminary measure from the Regional Court in Brno. The court issued it at the request of the PVM consortium, which challenged the ÚOHS decision from last September. The office's decision and subsequently its president confirmed the legitimacy of PVM's exclusion from the tender.

"The court will decide on the matter by judgment, with no deadline set by law for the decision. Currently, preparatory actions are still underway in the case, and the court cannot predict the procedural strategies of the individual parties and persons involved in the proceedings, which may significantly affect the length of the proceedings," stated court spokesperson Klára Belkovová. She added that the issuance of the preliminary measure has been challenged by the Prague Public Transit Company and Subterra-Hochtief through cassation complaints to the Supreme Administrative Court (NSS). The NSS has not yet ruled on them. Thus, the Regional Court cannot decide on the lawsuit until the NSS returns part of the court file that the regional court submitted to it.