DB InfraGO is challenging in court the BNetzA rules on rail capacity allocation on congested lines, following a complaint by Italian operator Italo, which plans to enter the German long-distance rail market.
DB InfraGO AG, the company responsible for managing the rail infrastructure of the Deutsche Bahn group, has decided to challenge in court a ruling issued by Germany’s Federal Network Agency (Bundesnetzagentur, BNetzA) on 17 July 2026.
The case concerns the rules governing the allocation of train paths on congested railway lines and stems from a complaint by Italian operator Italo, which plans to enter the German long-distance rail market.
DB InfraGO will also seek interim legal protection. The company argues that judicial clarification is needed regarding the legal basis of the BNetzA decision, its proportionality and how the new rules can be implemented without undermining the management of limited network capacity.
The BNetzA decision concerns heavily used railway sections where a capacity limit has been established. If several operators request the same train paths and a conflict arises, DB InfraGO will not be allowed to allocate more than 60–75% of the available capacity for long-distance passenger services to a single operator during the relevant period.
The exact percentage will be determined by DB InfraGO within the limits set by the regulator. The aim is to ensure that at least one competitor to DB Fernverkehr can effectively operate trains on these sections.
Why is DB InfraGO challenging the decision?
According to the company, the new rule applies to scheduled long-distance services operating according to a regular timetable. In principle, a service must run at least four times a day, at two-hour intervals and at the same minute past the hour to qualify.
BNetzA says the rule applies only when demand for train paths exceeds available capacity and only on sections where capacity limits have been imposed.
DB InfraGO, however, argues that this approach could disadvantage existing services that do not follow such a pattern. Examples include Westbahn services on the Stuttgart–Munich–Salzburg route and Eurostar services between the Ruhr/Rhine region, Brussels and Paris.
In DB InfraGO’s view, these services could fail to receive the same priority in the event of a capacity allocation conflict, despite already having demonstrated their viability in the market.
Another concern is the pressure placed on major railway hubs. As the number of operators increases on the main routes, limited capacity at key rail junctions could make it more difficult to introduce services connecting regions outside the main corridors.
BNetzA estimates that, from the 2028 timetable onwards, the sections affected could include major hubs such as Munich and Frankfurt.
DB InfraGO also argues that the rule could reduce flexibility when resolving conflicts between trains. During the 2026 timetable process, 5,253 of the 5,605 train-path conflicts were resolved through agreements involving minor timetable adjustments.
The company fears that operators could, in future, be more reluctant to accept changes to their original departure times because doing so could mean losing the advantage provided by the new rule.
According to DB InfraGO, the system could also create difficulties for operators entering the market gradually. A new operator that cannot immediately launch a high-frequency service could have fewer opportunities to benefit from the protection offered by the new rule.
This, the company argues, could discourage certain investments and gradual market-entry strategies.
The dispute also extends to station facilities
The BNetzA decision also addresses competitors’ access to certain facilities at railway stations.
The regulator has stipulated that competing operators should be offered suitable premises for staffed ticket offices and passenger lounges, based on objective and non-discriminatory criteria.
Regarding commercial premises, DB InfraGO argues that there is no need for a special regime for passenger lounges. The company says that, like restaurants, newsagents and bookshops, these are commercial spaces that can already be leased on a long-term basis.
From DB InfraGO’s perspective, treating passenger lounges differently is not justified and could even affect the range of facilities available to passengers.
BNetzA, on the other hand, considers access to such facilities important for operators that are not yet present at stations and need to be able to provide visible, accessible services to passengers.
On other matters considered during the proceedings, BNetzA and DB InfraGO see no need for new rules governing framework agreements, while the regulator has not introduced a general preference for new entrants.
The new competition rule also does not apply to railway sections where no capacity limits have been established.
DB InfraGO says it supports competition in rail transport but believes it must be organised in a way that does not undermine the efficient use of infrastructure that is already insufficient on some routes.
Why is the case known as the “Italo” case?
The name comes from Italo – Nuovo Trasporto Viaggiatori, the Italian company that filed a complaint with BNetzA on 19 January 2026.
Italo challenged the priority rules applied by DB InfraGO when allocating train paths for the annual timetable and called for measures to prevent new entrants from being disadvantaged.
According to Italo’s plans, the company intends to enter the German market in April 2028, with an estimated investment of around €3.6 billion, including the acquisition of new trains ordered from Siemens Mobility.
The plan presented by BNetzA envisages, in the longer term, an hourly Munich–Cologne–Dortmund service and a Munich–Berlin service every two hours, with a total of 56 train services, primarily on a daily basis.
Italo says that across the two corridors, covering a total of around 1,300 km, it will offer 50 daily services and serve 18 cities.
The dispute goes beyond the Italo case itself. At its core is the question of how Germany can open its rail market to new operators without undermining the management of an already congested railway network.
BNetzA argues that the new rules are necessary to create fairer conditions for access to the network. DB InfraGO, meanwhile, believes they could reduce flexibility when allocating scarce rail capacity.
An important point regarding the timetable is that the new rule will not immediately change train operations.
DB InfraGO must first draw up new infrastructure-use conditions, with a draft due to be submitted to BNetzA in autumn 2026.
The rule will affect the preparation of the 2028 rail timetable, a process that will take place in 2027.
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