DB InfraGO Takes Legal Action Against German Rail Capacity Order

DB InfraGO, the infrastructure arm of Deutsche Bahn, has filed a legal challenge against a regulatory order that would limit its access to congested rail routes. The company submitted the filing on Friday, also requesting a suspension of the order while the case is pending.

The Federal Network Agency ruled in July that DB InfraGO must cap any single operator's share at 60% to 75% on certain busy routes, a move intended to open the market to competitors. Deutsche Bahn currently controls about 95% of Germany's long-distance rail market and is in the midst of a roughly €150 billion ($173 billion) decade-long network upgrade.

The regulator's decision followed a complaint from Italian high-speed operator Italo, which plans to enter the German market in 2028 but requires predictable access to the overloaded network.

DB InfraGO argues that the ruling favors operators with regular timetables and could disadvantage new entrants or those with different service models. The company stated it wants the courts to clarify the legal basis, proportionality, and practical feasibility of the order.

The Federal Network Agency responded that the legal challenge was expected given the decision's significance, noting that the arguments had already been considered. It described the judicial review as an opportunity to definitively settle the legal framework for greater competition in long-distance rail travel.