Legal topics

Proceedings regarding additional financing contributions for 
Stuttgart 21

To avoid risks under the statute of limitations, DB Group filed a lawsuit against the project partners for additional financing contributions on the basis of the so-called negotiation clause in the Stuttgart Administrative Court. The court dismissed the lawsuit on May 7, 2024. DB Group does not consider the grounds for the ruling to be tenable and, after examining the reasons for the decision, continues to believe that the Stuttgart 21 project partners must contribute to the financing of the additional costs and thus applied for leave to appeal on October 25, 2024.

Civil proceedings on infrastructure utilization fees

Disputes regarding train-path usage and station fees are still pending in 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 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. In the meantime, the Federal Network Agency (Bundesnetzagentur; BNetzA) has initiated proceedings to review the former fees in dispute. The authority concluded one proceeding with a decision dated November 14, 2024, and largely confirmed the fees in question in accordance with the 2005 station pricing system. The progress of further proceedings is still open.

European Commission closes State aid proceedings on DB Cargo

The European Commission concluded the state aid proceedings pending since 2022 against the Federal Republic of Germany concerning DB Cargo AG by decision of November 29, 2024. By way of its decision, it approved the assumption of losses for the years 2022–2024 in the sum of € 1.9 billion by DB Group as restructuring aid. The European Commission had examined the current transformation and restructuring plan for DB Cargo. This provides for a package of measures to achieve profitability by the end of 2026. The approval was also based on the sale of activities and assets of DB Cargo AG agreed by Germany. The profit and loss transfer agreement between DB AG and DB Cargo AG was terminated and has no longer applied since January 1, 2025. The European Commission will monitor the implementation of the restructuring plan and compliance with the commitments until the end of 2026. If the restructuring plan is not successfully implemented by the deadline or if the measures and obligations imposed by the European Commission have not been implemented individually or as a whole, the European Commission may impose further conditions, the repayment of the aid and/or the discontinuity of DB Cargo AG. This results in a going concern risk for DB Cargo AG. The other measures examined do not constitute state aid in accordance with the Commission decision. This also applies to the profit and loss transfer agreement as such and the loss transfers prior to 2022.

Antitrust topics

In 2024, DB 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. It concerns new legal issues relating to online sales, 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. A fine has not been imposed. DB AG considers the decision unlawful and has filed an appeal against it. From DB AG’s point of view, the reasons for the unlawfulness include an incomplete and incorrect determination of the facts, an incorrect market definition and theory of damages based on this, an incorrect weighing of interests, the disproportionality of the legal consequences ordered and violation of the right to be heard.
• Another case concerns alleged claims for damages by a provider of regional rail transport services against DB 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.

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. In the meantime, an out-of-court settlement has been reached with two truck manufacturers regarding compensation for damages.
• The claim for compensation for damage by DB Netz AG (now: DB InfraGO AG) and other DB Group companies against rail suppliers involved in the so-called rail cartel, among others Moravia Steel, is currently in appeal proceedings at Frankfurt Higher Regional Court after the action was dismissed in the first instance. The proceedings against the airlines involved in the so-called air freight cartel were concluded in 2024 following several out-of-court settlements.