DB InfraGO Sues German Regulator Over Rail Capacity Caps on Busiest Routes

Deutsche Bahn's infrastructure arm, DB InfraGO, has filed a lawsuit challenging a ruling by German rail regulator Bundesnetzagentur (BNetzA) that limits how much capacity DB Fernverkehr can hold on the country's busiest long-distance routes.

The dispute traces back to a complaint from Italo, which is seeking guaranteed long-term access to German infrastructure to underpin a planned €3.6bn investment in high-speed trains for corridors including Munich-Berlin and Munich-Dortmund, targeted to launch from 2028. BNetzA's draft decision, published June 30, found DB InfraGO's existing path-allocation rules failed to guarantee effective, non-discriminatory competition on congested routes, and its July 17 ruling caps a single operator's share of long-distance capacity at 60-75% where lines are officially constrained.

DB InfraGO lodged its claim on August 14 at the Verwaltungsgericht Köln, according to Deutsche Presse-Agentur, and is asking the court to suspend the rule while the case is heard. In its submission, InfraGO argues that judicial clarification is needed on the legal basis for the ruling and its proportionality, noting its capacity allocations had not previously been challenged.

The case will be closely watched by open-access operators eyeing entry to Germany's most congested corridors, where capacity disputes have intensified as competition for train paths grows.