Position of Qwello GmbH on the Oral Hearing Regarding the Award of Charging Infrastructure in Munich

What will become of the electric charging infrastructure in Munich?

• Selection procedure for public electric charging points declared unlawful, electromobility blocked once again by the Department for Mobility.
• Still no charging points in Munich, even though Qwello could install them within two weeks of approval being granted.

Munich, 11 February 2026

Qwello GmbH, headquartered in Munich, has since 2017 sought to make a significant contribution to the expansion of climate-neutral electromobility by installing electric charging points in public road space at no cost to the City of Munich. To this day, however, these efforts continue to be blocked by the city administration, to the detriment of the public and the transition to sustainable transport.

• In the summer of 2017, Qwello GmbH first offered the City of Munich the opportunity to have 1,000 charging points installed across the city at no cost. This offer was repeated several times over the years, with only minor amendments. The special-use permit applications submitted by Qwello in 2022 for a total of 1,667 charging points distributed across the city were rejected by the City as early as 2023, on the grounds of an ongoing award procedure. However, in the autumn of 2023, that award procedure was found to be unlawful and annulled by the Procurement Chamber of Southern Bavaria (Vergabekammer Südbayern), as widely reported in the press.

• Rather than then approving the installation of charging points, which had become urgently needed due to the sharp rise in electric vehicle registrations, the City once again rejected Qwello GmbH's special-use permit applications in 2024. Instead, on the basis of a resolution passed by the City Council in spring 2025, a new selection procedure was put out to tender and set in motion.

This renewed selection procedure has now been found unlawful by the Munich Administrative Court (Case No. M 28 K 23.147) at the oral hearing on 4 February 2026, on two grounds:

• It does not enable a non-discriminatory award process, but rather unlawfully favours the existing charging points operated by Stadtwerke München.

• The City Council's resolution does not provide a suitable legal basis.

At the same time, the Administrative Court also found that the rejection of Qwello's charging points had been unlawful, such that, by judgment of 4 February 2026, the City of Munich was ordered to reconsider its decision on the approval of Qwello's charging points.

• Qwello would be able to install publicly accessible charging points in Munich within two weeks of being granted the approvals that, as established by the Administrative Court, had thus far been unlawfully withheld. Despite the Munich Administrative Court's ruling, however, the Department for Mobility continues to block this. A settlement proposal put forward by Qwello, which would allow the urgently needed charging infrastructure to be provided at short notice, has to this day gone unanswered.

The City of Munich, as a major hub for the automotive industry, would thus remain at the bottom of the table among Germany's large cities when it comes to providing public charging infrastructure. No major city in Germany has anywhere near as poor a ratio of electric vehicles to public charging points. Qwello could put an end to the looming standstill in the expansion of electromobility within just a few weeks of approval being granted.

The Department for Mobility must finally act and fulfil its obligations.

For further enquiries, please contact:

• Benno Ziegler, Attorney-at-Law

• Maximilian Schmid, Attorney-at-Law

on +49 89 55 29 66 0.

(Benno Ziegler) (Maximilian Schmid) Attorney-at-Law Attorney-at-Law