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Deutsche Bahn wins court ruling against mandatory capacity sharing
The Administrative Court of Cologne has ruled that Deutsche Bahn is not required to reserve specific rail capacities for competitors. This decision overturns a mandate from the Federal Network Agency (Bundesnetzagentur) that would have forced DB InfraGO to allocate 25 to 40 percent of capacity on heavily congested long-distance routes to other providers. The ruling follows a complaint by the Italian high-speed rail operator Italo, which plans to enter the German market in 2028. The court stated that neither German nor European law provides a legal basis for such a mandatory competition clause and deemed the measure ineffective for encouraging investment.
Separately, Deutsche Bahn is facing various infrastructure and operational challenges. The Pfaffensteigtunnel project has seen costs rise from 1.69 billion to approximately 2.49 billion euros before construction has even begun. In Baden-Württemberg, financial constraints are forcing the state to prioritize certain rail projects while postponing others. Additionally, the company is implementing a new policy to restrict home office capabilities, mandating a minimum of three days of in-person presence per week for eligible employees by the end of 2027.
Local disruptions also continue, including a week-long closure of Görlitz station for electrification works and extended delays on the Aischgrundbahn line between Neustadt/Aisch and Steinach.
Entities
Bundesnetzagentur · DB InfraGO · DB InfraGO AG · Deutsche Bahn · Italo · Steffen Bilger · Verwaltungsgericht Köln