Legal topics

Civil proceedings on infrastructure utilization fees

Disputes regarding train-path and station usage fees are still pending before the civil courts. The question here is whether and according to which standards the civil courts may subject the regulated fees to a further civil court assessment at all.

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 of the German Civil Code (Bürgerliches Gesetzbuch; BGB) is incompatible with European railway law. 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).

In its ruling of March 7, 2024 (ECJ, C-582 / 22 – Die Länderbahn), the ECJ confirmed the possibility of this retrospective review of old fees. Meanwhile, the BNetzA has initiated proceedings to review the former fees in dispute and has already concluded several of these proceedings. The fees under the 2005 (SPS 05) and 2011 (SPS 11) pricing systems were largely confirmed by way of decisions dated November 14, 2024, and February 5, 2026. Meanwhile, the vast majority of the pending civil proceedings regarding infrastructure utilization fees have been resolved.

Antitrust topics

In the first half of 2026, Group companies were involved in a total of five legal proceedings relating to alleged violations of antitrust law. This mainly concerns:

• Administrative proceedings conducted by the German Federal Cartel Office (Bundeskartellamt; BKartA) since 2019, in which the BKartA issued a prohibition order against DB AG on June 26, 2023. This involves new legal issues relating to online sales, for which there is currently a lack of established jurisdiction and administrative practice. The order obliged DB AG to make changes to its sales system at short notice. A fine has not been imposed. DB AG considers the decision unlawful and has filed an appeal against it.
• Another case concerns alleged claims for compensation for damage by a provider of regional rail passenger transport services against Group companies following a commitment decision by the BKartA against DB AG in 2016. The action was dismissed and the appeal against it was rejected. On appeal by the plaintiffs, the Federal Court of Justice referred the case back to the responsible Higher Regional Court in 2023. The proceedings have since been resolved through an amicable out-of-court settlement.

In addition, DB Group is involved in various legal proceedings relating to the pursuit of compensation for damages against cartel participants:

• DB Competition Claims GmbH is pursuing, among others, the combined claims of DB Group and claims of the German Armed Forces and more than 40 non-Group companies in proceedings before the Munich Regional Court against truck manufacturers involved in the truck cartel, who, in violation of competition law, agreed on gross list prices for medium and heavy trucks, the passing of costs for the introduction of emissions reduction technologies to customers and the schedule for the introduction of such technologies in the period from 1997 to 2011. So far, an amicable out-of-court settlement regarding compensation payments for damage has been reached with five truck manufacturers. As a result, only one truck manufacturer remains as a defendant in the legal proceedings.
• A claim for compensation for damages brought by DB Netz AG (now DB InfraGO AG) and other Group companies against rail suppliers involved in the so-called rail cartel, including Moravia Steel, is currently being appealed to the Higher Regional Court of Frankfurt am Main after the action was dismissed in the first instance.