The judge has distinct identity. in a case brought against the municipality of The Hague because it had excluded hydrogen in a tender. It was a first almost three years ago in The Hague, the taxi fleet of Noot Personenvervoer, but this threatens to come to an end in the foreseeable future. The municipality again outsourced the target group transport and excluded the use of hydrogen. Reason to go to court, unfortunately without success. According to the preliminary relief judge of the District Court of The Hague, this is not unlawful.
The parties discussed whether the Municipality may demand in the tender that the (emission-free) target group transport be carried out with battery-electric vehicles, and thus whether it may exclude hydrogen-powered vehicles and whether this constitutes an unlawful act against the plaintiff. In the summer of 2021, The Hague started the tender for target group transport for the period 2022-2028. In doing so, the municipality aimed for emission-free transport based on battery-electric vehicles. As part of the expiring contract, contractor Noot is still carrying out part of the target group transport with hydrogen taxis. The supplier of fuel for the current taxi service in The Hague, Tankstation BP Kerkhof, then initiated summary proceedings.
The preliminary relief judge agrees with the vision and reasoning of the municipality and states in its provisional judgment that The Hague may indeed distinguish between battery-electric and hydrogen-electric vehicles in this tender. According to the judge, the two energy carriers are not equivalent.
not 'green' enough
The municipality of The Hague had previously published a taxi tender in which it was stated that hydrogen is not 'green' enough, so that driving with hydrogen taxis is not encouraged. According to the municipality, driving on (grey) electricity is sustainable. BP Kerkhof and OG (OrangeGas), who have a hydrogen filling station in The Hague, made themselves heard. huh2Platform is surprised by the decision of the municipality of The Hague to join the taxi tender 'target group transport', exclude hydrogen. The municipality states that hydrogen is not 'green' enough. This is substantively incorrect and incomprehensible to the platform.
On August 3, 2021, the Municipality announced the European tender for a contract 'Harmonization Target Group Transport'. With this assignment, the Municipality aims to conclude an agreement for target group transport for several transport flows (including transport under the Social Support Act and student transport). The envisaged agreement has a term of six years with the possibility of extension for two one-year periods. The intended commencement date of the agreement is 1 August 2022. The Procurement Act 2012 (hereinafter: Aw 2012) applies to the tendering procedure.
