Legal topics
Procedure regarding additional financing contributions for Stuttgart 21
At the end of 2016, in order to avoid risks under the statute of limitations, DB Group 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. Starting on May 8, 2023, a total of three hearings took place over the summer of 2023. In addition to procedural issues, individual legal aspects of the asserted claims were discussed without a decision being made. The Stuttgart Administrative Court has now set the next hearing for April 23, 2024. The outcome of the proceedings remains open.
European Commission reviews measures for DB Cargo
The European Commission is carrying out state aid proceedings against the Federal Republic of Germany relating to possible support measures for DB Cargo AG. The formal investigation procedure initiated in 2022 is the result of a complaint from a competitor from 2018, which sees competition-distorting subsidies in the profit and loss transfer agreement between DB Cargo AG and DB AG as well as in certain other measures. The review procedure is intended to clarify the issues raised with an open outcome.
Antitrust topics
In total, DB Group companies participated in six antitrust legal proceedings in 2023. These essentially included:
- Truck cartel: DB Group is pursuing compensation for damages against truck manufacturers involved in the truck cartel who, in violation of competition law, discussed gross list prices of medium and heavy trucks in the period from 1997 to 2011, the transfer of costs for the introduction of emissions reduction technologies to customers and the schedule for the introduction of such technologies. DB Competition Claims GmbH is pursuing the combined claims of DB Group and claims of the German Armed Forces as well as of more than 40 non-Group companies in proceedings before the Regional Court of Munich. In the meantime, an initial out-of-court amicable agreement on compensation for damages has been reached with a truck manufacturer.
- Air freight cartel: DB Group is pursuing compensation for damages against the airlines involved in the so-called air freight cartel. US actions filed by DB Schenker have ended in out-of-court settlements. Furthermore, DB Barnsdale AG, which is pooling DB Group’s claims for compensation for damages with those of non-Group parties, has so far concluded out-of-court settlements relating to proceedings pending in Germany with ten airlines in proceedings before the Regional Court of Cologne.
- Rail cartel: DB Group companies filed an appeal against the ruling of the Frankfurt am Main Regional Court of August 3, 2022, before the Frankfurt am Main Higher Regional Court (OLG) due to serious errors in the facts of the case and in the legal assessment. The Frankfurt am Main Regional Court rejected the claim for compensation for damage by DB Netz AG (now DB InfraGO AG) and other DB Group companies against Moravia Steel, a Czech steel manufacturer, and other companies under the statute of limitations. Between 2001 and 2010/2011, several rail suppliers illegally agreed on delivery rates and prices for deliveries of rails to DB Group. In 2012 and 2013, the German Federal Cartel Office (Bundeskartellamt; BKartA) imposed fines totaling € 134.5 million on Moravia Steel and other cartel members. In December 2012, DB Group brought an action for compensation for damages in the amount of several hundreds of millions of euros before the Frankfurt am Main Regional Court.
- Online sales: In administrative proceedings against DB AG conducted by the German Federal Cartel Office (BKartA) which have been running since 2019, the BKartA issued a prohibition decision against DB AG on June 26, 2023. According to its preliminary assessment, the BKartA came to the conclusion that the structure of DB AG’s relationship with online sales service providers who distribute their tickets for DB AG as commercial representatives is prohibited in certain respects. The proceedings concern new legal issues relating to online sales and distribution, for which established jurisdiction and administrative practice has been lacking to date. The order obliged DB AG to make changes to its sales system at short notice. No fine has been imposed. DB AG considers the decision unlawful and has filed an appeal against it.
