General framework
Train-path prices for 2023 approved
By resolution dated February 28, 2022, the BNetzA approved the fees for the 2023 train-path pricing system (TPS). Train-path usage fees will increase by 4.0% for long-distance rail passenger transport, 2.3% for rail freight transport and 1.8% for regional rail passenger transport. The higher dynamic rates in long-distance passenger rail transport and rail freight transport result from the fact that, following an amendment to section 13 AEG, other operating income from infrastructure connection agreements amounting to about € 18 million was factored into the TPS. DB Netz AG submitted the fee approval application for train-path usage fees for the 2023/2024 network schedule period at the beginning of October 2022. The BNetzA’s ruling on this is still pending.
Initial level and upper limit for overall costs set
By resolution dated August 15, 2022, the initial level of the overall costs for DB Netz AG and DB RegioNetz Infrastruktur GmbH was set at a total of € 6,421 million (€ 6,285 million final and € 136 million provisional). On October 24, 2022, BNetzA initiated proceedings for the final determination of the provisionally determined costs. A decision has not yet been made in these proceedings.
Arbitration processes for the Rastatt Tunnel
Following the damage in the east tunnel of the Rastatt Tunnel, preparations to renovate have been underway since 2018. In addition, since 2017 the evidence collection and mediation proceedings agreed between DB Group and the Rastatt Tunnel consortium has been underway to clarify the cause of the damage during tunnel boring and thus who is responsible. The proceedings were suspended on a provisional basis for settlement negotiations between the parties on the basis of an interim report from the technical arbitration expert on the causes of the accident and a proposal from the legal expert on the allocation of responsibilities. The aim is to reach an overall agreement in spring 2023. Further construction was decoupled from the arbitration process. The Rhine Valley Railway (Rheintalbahn) has been temporarily relocated in order to be able to renovate the damaged east tunnel. The first settlements were concluded with the TOCs affected by the line closure as a result of the accident (in consultation with the ARGE and its insurance companies). The ARGE and its insurance companies initially bear the settlement payments agreed with the TOCs in the amount of the proposal made by the legal expert.
