Stadler had sought to overturn the decision because it believed Bombardier had miscalculated the lifecycle costs in its bid.

The court’s decision enables ÖBB to place an initial firm order for 21 100m-long Talent 3 EMUs, which will be delivered by 2019 for use on the Vorarlberg S-Bahn system. Further trains will be ordered for Tyrol when a new public service obligation (PSO) contract has been concluded with the province.

ÖBB has also confirmed it order 64 additional Cityjet EMUs from Siemens to replace class 4020 trains on the Vienna S-Bahn network. So far ÖBB has ordered 101 Cityjets from a framework contract for up to 200 trains.

This means that the new Bombardier Talent 3 EMUs will not be used around Vienna. One reason is that it would not be economic to use one more EMU type on S-Bahn services, which are currently operated by a mixture of class 4020s, class 4024/4124 (Talent 1), Class 4746 (Cityjet) and push-pull sets.

If ÖBB had opted for Talent 3s for Vienna, delivery could only have started after the completion of the trains for Vorarlberg and Tyrol. This would have forced ÖBB to extend the life of the class 4020s with costly overhauls.