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The dispute over possible industrial espionage on trains is escalating.

The Swiss train builder Stadler had confirmed in WELT AM SONNTAG that he feared that his technical know-how could get to the Russian competitor TMH, because the latter was entrusted with the maintenance of Stadler trains that will be used in the Allgäu on the Munich-Lindau route should be on the way.

The Bavarian Railway Company had awarded the operation of the line from December this year to the British rail company GoAhead, which in turn wants to entrust the Russians with the maintenance.

TMH is already building a maintenance depot in Langweid near Augsburg.

But because discussions about Stadler's fears have so far been unsuccessful, GoAhead is now threatening to start without the trains ordered from the Swiss manufacturer.

"We very much regret that it was not possible to reach an agreement with the representatives of the Stadler company," said Patrick Verwer, Head of GoAhead Germany.

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Operation will therefore probably start without the Stadler trains, but is ready for further discussions.

GoAhead emphasizes that it is completely normal for maintenance contracts to be concluded with companies other than the manufacturers of the trains, so it is "incomprehensible that Stadler does not want to hand over the trains and the associated maintenance documents as contractually agreed", according to the British company.

As a consequence, the threat would mean that the 22 vehicles could not be accepted by Stadler.

After all, the order has a value in the three-digit million range.

Trains are usually developed and built precisely to the needs and ideas of the customer, which is why Stadler would probably not simply be able to sell the ordered vehicles elsewhere.

Legal disputes possible

At the same time, there are only a few providers of so-called replacement services that GoAhead would have to commission if they did not have the necessary trains in December to be able to start traffic on the route.

Accordingly, both sides have a lot to lose.

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In the end, it could well amount to a legal battle.

Stadler accuses GoAhead of violating the delivery contract with the maintenance order for TMH.

"Stadler has fulfilled the existing supply contract with GoAhead in full as of today and produced vehicles and already registered them ahead of time," the Swiss company said.

You also expect the same from your customers.

"The existing contract prohibits subcontracting the maintenance services to a competitor of Stadler," claim the Swiss.

Like Stadler, TMH is "active in the development, production and maintenance of rail vehicles and is therefore a competitor of Stadler".

But whether TMH is actually a competitor in the narrow sense of the word could well become a matter of dispute.

It is true that the Russians also build trains, but so far they have only been active as a maintenance company on the Western European market.

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At TMH you can observe the dispute between GoAhead and Stadler relatively calmly, but make it clear that you want to support the British in the dispute with the Swiss.

"As an independent, internationally experienced and Europe's largest maintenance service provider, TMH Germany is flexible and, if necessary, prepared to take on the maintenance and repair of a replacement fleet for GoAhead Bayern," the company announced.

"With this, the company ensures that GoAhead Bavaria will start operating on the Allgäu E-Netz in December 2021 without any problems." How things will continue now is completely open.

According to WELT information, a new appointment has not yet been agreed.

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