DB-Infrago boss warns of legal risks over special terms for Italy's Italo in German rail market

DB-Infrago chief Philipp Nagl cautioned that granting Sonderkonditionen (special conditions) to the Italian high‑speed operator Italo from 2028 could trap the German rail market in endless litigation. He noted that the multi‑year framework contracts from 2017 have been abolished, leaving a legal vacuum until the EU capacity regulation takes effect in 2031. A provisional “new traffic clause” for Italo would therefore be “legally extremely uncertain” and could lead to routes being allocated in ways later declared EU‑illegal.

Deutsche Bahn CEO Evelyn Palla echoed the concerns, warning that uncontrolled competition might reduce services outside major metropolitan areas. She urged politicians to create clearer framework conditions, as Italo seeks long‑term track contracts and guarantees of a minimum capacity share for new entrants. The company has applied to the Bundesnetzagentur for these assurances, with a decision still pending. Both leaders stressed that competition must be balanced with stable legal rules to protect passengers and the wider network.