Europe Container Terminals (ECT) has had a claim rejected by a Dutch court that the Port of Rotterdam Authority acted unlawfully in awarding allowances for two prospective terminals.
ECT claimed that Rotterdam had acted in favour of its rivals, claiming over US$1.2 billion in future lost earnings was lost in the decision to award concessions to APM Terminals and a DP World-led consortium for the new terminals on the Maasvlakte 2 site.
ECT felt that stricter conditions were imposed on them in the tendering process in comparison to other bidders.
The Rotterdam District Court said the port authority “did not abuse a position of economic power” in awarding the concessions.
It further added: “ECT was not denied a fair chance in the tendering process. The terms and conditions of the agreements the port authority made with ECT are no less favourable than those made with its rivals.”
ECT said it found the ruling “very disappointing and unexpected” and is “considering taking further steps,” suggesting it might appeal to a higher court.