Legal topics
Important legal topics are highlighted in the 2023 Integrated Report. Significant developments occurred in relation to the following issues in the first half of 2024.
Proceedings regarding additional financing contributions for Stuttgart 21
At the end of 2016, in order to avoid risks under the statute of limitations, we initiated proceedings in the Stuttgart Administrative Court against the project partners seeking additional financing contributions on the basis of what is known as the negotiation clause. After several oral proceedings in the summer of 2023 and in the spring of 2024, the court dismissed the action on May 7, 2024. The reasons for the decision are not yet available. Once these are available, they will be evaluated and the appeal will be assessed.
Civil proceedings on infrastructure utilization fees
A large number of disputes relating to train-path usage and station fees are still pending in the civil courts. This concerns the question of whether, and according to which standards, the civil courts may subject the regulated fees to a further civil court assessment. According to a ruling by the Federal Supreme Court (Bundesgerichtshof; BGH) in 2011, rail infrastructure usage fees charged before the Railway Regulation Act (Eisenbahnregulierungsgesetz; ERegG) entered into force could be reviewed by civil courts for fairness based on Section 315 of the German Civil Code (Bürgerliches Gesetzbuch; BGB), even if they were valid under regulatory law. The European Court of Justice (ECJ) ruled in 2017 that a review of the equity of infrastructure charges by civil courts in accordance with Section 315 BGB is incompatible with European railway law. However, the BGH continued to stipulate a benchmark antitrust law review by the civil courts. On February 8, 2022, the BGH issued legally binding rulings for the first time requiring DB Netz AG to repay regional factor fees. On October 27, 2022, the ECJ ruled in a preliminary ruling procedure that the antitrust law applicable to rail infrastructure charges by the civil courts was affirmed in principle, but this was linked to the condition that the regulatory authority will be consulted first, and the civil courts must follow their ruling (ECJ, C-721/20 – DB Station&Service). With reference to the ECJ ruling, the Federal Network Agency (Bundesnetzagentur; BNetzA) has initiated a review of the old fees in dispute. In its ruling dated March 7, 2024 (ECJ, C-582/22 – Die Länderbahn), the ECJ confirmed the possibility of this retrospective review of old fees. It is not yet clear how the proceedings will develop.