German court annuls network agency's mandate on capacity sharing for rivals
A German administrative court ruled that the Bundesnetzagentur's order requiring DB InfraGo to allocate at least a quarter of capacity on congested long-distance routes to competitors is unlawful.
Deutsche Bahn successfully appealed a July decision by the Bundesnetzagentur that forced its infrastructure arm, DB InfraGo, to reserve at least a quarter of capacity on heavily trafficked long-distance lines for competing rail companies. The administrative court dismissed the regulator's mandate as contrary to both EU and German railway law, stating that operators are not required to embed competitor clauses in their usage terms.
The judgment is final and cannot be contested. The dispute arose ahead of Italo's planned entry into the German market, where the Italian firm intends to acquire a fleet of high-speed trains from Siemens Mobility and expand its workforce and infrastructure. Officials highlighted that the court's decision removes a potential source of scheduling conflicts on key corridors. Italo's chief, Gianbattista La Rocca, has emphasized the goal of offering German passengers more choices, frequent connections, fair pricing and high-quality service.
Why it matters
The ruling removes a regulatory hurdle that could have limited capacity for new rail competitors in Germany.
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