On October 7, 2026, a federal administrative court in Köln dismissed a regulatory measure by Germany’s Bundesnetzagentur that sought to mandate DB InfraGO to reserve a portion of long-distance train paths for competing operators. The court ruling blocks the regulator’s effort to impose a capacity allocation scheme that would directly affect Deutsche Bahn’s market dominance on congested routes.
Competition Clause and Legal Basis
The contested regulation, introduced in July 2026, proposed a competition clause limiting any single operator to 60% to 75% of long-distance train paths on congested lines. This measure aimed to ensure availability of track capacity for rivals of Deutsche Bahn, principally on
routes where DB Fernverkehr is the incumbent dominant operator. However, the court found neither German nor EU railway law provides sufficient legal grounds for enforcing such capacity restraints. It also questioned the limited geographic and temporal scope of the rule as inadequate to guarantee the long-term investment certainty required for new service launches.
Impact on NTV-Italo’s Market Entry
NTV-Italo plans to enter the German rail market in 2028, preparing to invest approximately €3.6 billion. Their timetable targets commencement of operations aligned with the 2028 schedule, for which capacity allocation preparations take place in 2027. The operator intends to run high-speed trains supplied by Siemens Mobility.
The court’s decision represents a legal setback to NTV-Italo’s strategy by removing a key mechanism designed to preserve train path availability for new entrants.
Service Planning and Traveler Scheduling
The ruling additionally struck down a separate Bundesnetzagentur requirement related to access to Deutsche Bahn station lounges, concluding these facilities do not qualify as railway service facilities under applicable regulations. This decision generates uncertainty for capacity distribution and long-distance service planning in Germany’s rail market. It also introduces unpredictability for NTV-Italo’s intended operational launch and impacts travelers who anticipate Italo’s entry to the network in 2028.
