Deutsche Bahn sues regulator over mandatory track access for Italo and other competitors

DB InfraGo files suit

DB InfraGo AG, the infrastructure subsidiary of Germany's state-owned Deutsche Bahn, filed a lawsuit on Friday, August 14, against a Bundesnetzagentur (BNetzA) decision from July 17 that requires it to allocate at least one quarter of capacity on heavily used corridors to competing rail operators. The company also plans to request expedited legal protection. DB stated that its subsidiary, after legal and technical review, is seeking to have the legal basis, proportionality, and practical feasibility of the regulator's orders clarified by a court. The ruling applies specifically to congested corridors with defined capacity limits, such as the Munich and Frankfurt hubs, and is intended to take effect for the first time with the 2028 network timetable.

Italo's planned entry

The regulator's decision was prompted by a complaint from Italian high-speed operator Italo, which plans to enter the German long-distance market from April 2028. According to the Bundesnetzagentur, Italo intends to invest approximately 3.6 billion euros in two routes: Munich via Cologne to Dortmund at hourly intervals, and Munich to Berlin every two hours. The so-called competition clause applies only to companies offering scheduled services, defined as at least four daily departures at intervals of no more than two hours, departing at the same minute each time. Italo was not immediately available for comment.

DB's objections

DB InfraGo argues the ruling will make conflict resolution during timetable planning significantly harder. For the 2026 network timetable, 5,253 of 5,605 track conflicts were resolved through minor time shifts, according to the company. Under the new rule, long-distance operators would have no incentive to give up their scheduled slots, since only clocked services receive priority in track allocation. DB stated the decision carries "considerable legal and practical risks for capacity management" and worsens the structural problem at network nodes. The company added that it is also reflecting numerous severe concerns expressed by companies, associations, and politicians at federal and state levels.

Union and industry reactions

The Eisenbahn- und Verkehrsgewerkschaft (EVG) called the lawsuit logical. EVG chief Martin Burkert accused the regulator of prioritising Italo from a purely technical perspective while ignoring all negative consequences. He called on Federal Transport Minister Steffen Bilger (CDU) to politically manage the market entry, arguing that fair package solutions in track allocation could ensure competition without cutting off entire regions or eliminating good jobs.

It remains to be hoped that the court will scrap the decision and the process for Italo's market entry can start anew.

The Bundesverband Schienennahverkehr warned that the conflict over tracks could ultimately harm regional traffic and threaten connectivity of rural areas. The Bundesnetzagentur said it was not surprised by the lawsuit and that DB's arguments had already been considered during the proceedings.

Market context

Deutsche Bahn dominates Germany's long-distance rail market, with the Bundesnetzagentur putting DB Fernverkehr AG's share at approximately 93%, while a separate figure of 95% has also been cited. Munich-based Flix, the best-known competitor, has also announced a new long-distance offensive for 2028 with dozens of new trains and connections. The BNetzA stated that fair competition would lead to more choice and lower prices for passengers.