States threaten to sue federal government over Deutsche Bahn's increased track access charges

Background: The ECJ ruling from March

The background is a ruling by the European Court of Justice from March that criticized the federal government's previous practice in financing the rail network. Since then, the track access charges that railway undertakings must pay for using the rail network have risen significantly. The states complain that they have so far had to bear the additional costs alone, while the federal government refuses to provide compensation.

According to Bernreiter, Bavaria had originally planned a lawsuit in the form of a model case against the federal government. This then initially became a lawsuit from Brandenburg, the minister explained. Other federal states could join if the federal government's refusal continued. Saxony and Saxony-Anhalt are also said to already be addressing the issue.

Bavaria originally planned a model lawsuit

Deutsche Bahn, as the owner of the rail infrastructure, had implemented the higher track access charges following the ECJ ruling. For the states, this means that the local trains they order run on a more expensive network. The additional expenditure must either be financed from state budgets or through additional federal funds.

Bernreiter emphasized that the states' primary concern is not confrontation with the federal government. They had been trying for months to find an amicable solution. However, if the federal government continues not to compensate the additional costs, the courts would be the only remaining option for the states. The minister spoke of a "forced situation."

Track access charges are a central instrument of railway regulation in Germany. They are levied by Deutsche Bahn as the network operator and must be paid by all train operators – including the states' regional local transport companies.

Track access charges as a central regulatory instrument

If a lawsuit were actually filed, it would be another chapter in the dispute between the federal government and the states over the financing of public local transport. The states have long demanded greater federal participation in the rising costs of local rail passenger transport.

Munich, where the Bavarian state government is based, is one of the main affected parties. Bavaria is the largest federal state and operates one of the most extensive regional rail networks in Germany through the Bayerische Eisenbahngesellschaft. Higher track access charges have a particularly strong impact here.

Munich as the main affected party

If the lawsuit were successful, the federal government would have to assume the additional costs retroactively or at least for the future. This would mean that a fundamental question of financing responsibility for rail infrastructure in Germany would have to be decided anew.