CMS has successfully assisted a combination (the "Combination") consisting of Transvision, Zorgvervoercentrale Netherlands ("ZCN ") and the Rotterdamse Mobiliteit Centrale ("RMC") in the emergency appeal against a decision of the judge in interlocutory proceedings of the court in The Hague.
The combination has finished first in the European tender by the Ministry of Health, Welfare and Sport ("VWS") for social recreational supraregional transport for people with reduced mobility, the so-called Valys transport. This contract represents a value of approximately 225 million euro, making it the largest order for taxi transport in the Netherlands.
Following objections from Connexxion, who ended in second place in the tender, the judge decided at first instance that the Combination had to be excluded from the tender because of a still revocable fine by the NMa (now Authority for Consumers & Markets - ACM). The court also ruled that there was no room for the proportionality test carried out by VWS. (VWS thought that exclusion of the Combination was disproportionate and therefore had maintained its intention to award the Combination the assignment).
CMS has successfully appealed against this judgement on behalf of the Combination. The court in The Hague has ruled that VWS was indeed entitled to perform the proportionality test. Moreover, the outcome of the proportionality test performed by VWS - award of the contract to the Combination – is not unreasonable. According to the court VWS has very carefully assessed the professional credibility and integrity of the Combination. According to the court VWS could therefore come to the conclusion that the exclusion of the combination would be disproportionate. The court has reversed the judgment of the judge in interlocutory proceedings and instructed VWS to award the assignment to the Combination.
CMS congratulates Transvision, ZCN and RMC with this new assignment.
The Combination was assisted in this process by Petra Heemskerk, Caroline van Hulsteijn, Robert Bosman en Annemieke Hazelhoff.