A federal administrative court in Köln ruled on October 7, 2026, to reject a capacity reservation measure introduced by Germany’s rail regulator, Bundesnetzagentur. The ruling prevents the planned reservation of train paths on congested long-distance routes for private operators competing with Deutsche Bahn, specifically blocking a competition clause introduced in July 2026.
Details of the Capacity Reservation Measure
Bundesnetzagentur’s competition clause aimed to limit any single operator’s share of long-distance train paths on congested German routes to between 60% and 75%. The regulation targeted Deutsche Bahn’s subsidiary DB Fernverkehr, reserving a portion of paths for private operators such as Italian open access company NTV-Italo. The measure
was planned to take effect with the 2028 timetable, with capacity allocation preparations scheduled for 2027.
Legal Basis and Court Rationale
The Köln court found neither German nor European Union railway law provided a sufficient legal basis for Bundesnetzagentur to impose this capacity reservation requirement on DB InfraGO, the infrastructure manager. The court also questioned whether the limited scope of the competition clause could ensure long-term investment certainty for new market entrants. Additionally, the court overturned a separate requirement obliging Deutsche Bahn to provide competitors access to station lounges, reasoning that catering and resting facilities do not have a railway-specific operational purpose.
Implications for Italo’s Market Entry
The ruling is
a setback to NTV-Italo’s plans to enter the German long-distance rail market by 2028. Italo has planned an investment of approximately €3.6 billion and intends to launch service with a fleet of high-speed trains supplied by Siemens Mobility. The decision delays implementation of the new capacity allocation rules and keeps scheduling and capacity unchanged for passengers on affected routes.
