The Institute for Climate Protection, Energy and Mobility (IKEM) has published a legal study on the framework conditions under public procurement and state aid law for the expansion of high-performance charging infrastructure for battery-electric trucks in long-distance transport. The study makes it clear that a rapid expansion of charging infrastructure in Germany requires open, transparent and non-discriminatory award procedures.
In the HoLa research project (high-performance charging in long-distance truck transport), high-speed truck charging points are being tested in everyday operations along the A2 federal highway between the Ruhr area and Berlin. In addition to already established combined charging points (CCS), megawatt charging systems (MCS) are also being tested for the first time in real logistics operations. In the study now presented, the IKEM has examined the legal framework for the allocation of charging infrastructure in managed areas (e.g. service areas).
The background to this is considerable legal uncertainty as a result of court proceedings that have been pending since 2022. It was not until March 2026 that the Düsseldorf Higher Regional Court – following a ruling by the European Court of Justice(C-452/23) – clarified that the subsequent extension of existing concession agreements to include the operation of fast car charging infrastructure is not permitted in the case in question ( Ref. VII-Verg 29/22 ).
In their study, IKEM experts Leandra Schulz and Markus Lehnshack now explain the framework conditions for a legally compliant expansion of the truck fast-charging infrastructure:
“The decision of the Düsseldorf Higher Regional Court makes it clear that the subsequent extension of existing concession agreements significantly jeopardizes the ramp-up of electric road freight transport due to the associated legal risks. When planning MCS infrastructure, open, transparent and non-discriminatory award procedures should therefore be provided for at an early stage.
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Their analysis also shows that even services that have been formally put out to tender in accordance with the regulations can be classified as state aid within the meaning of EU law if economic risks are largely borne by the state. The study therefore recommends an early examination under state aid law and coordination with the European Commission for the development of fast truck charging infrastructure in order to create investment and planning security.
The HoLa project is funded by the Federal Ministry of Transport as part of the electric mobility funding guideline.
