Deutsche Bahn sues regulator over Italo's planned 2028 rail market entry

Bundesnetzagentur ruling of July 17

On July 17, 2026, the Bundesnetzagentur issued a ruling requiring DB InfraGo to allocate at least one quarter of capacity on heavily loaded corridors to competitors. The decision applies to routes with defined capacity limits, such as the Munich and Frankfurt hubs. The so-called competition clause applies only to companies offering scheduled services: at least four trains per day at two-hour intervals at the same minute. The Bundesnetzagentur also ruled that competitors should receive access to suitable premises for lounges at stations.

The Bundesnetzagentur is aware that the decision can initiate a transformation in long-distance rail passenger transport.

The regulator emphasised its commitment to an attractive long-distance offering throughout Germany.

Italo's plans for 2028

The ruling was triggered by a complaint from the Italian rail company Italo, which plans to enter the German market in April 2028 with approximately 30 new Siemens high-speed trains and an investment of around 3.6 billion euros. Italo is targeting two main corridors: Munich-Cologne-Dortmund and Munich-Berlin-Hamburg. The company is seeking long-term planning security and framework contracts to justify its billion-euro investment. DB Fernverkehr currently holds over 90 percent of the long-distance market, giving it a clear advantage on the most demanded route sections. Munich-based Flix has also announced a new long-distance offensive for 2028 with dozens of new trains and connections.

DB InfraGo files lawsuit

On Friday, August 14, 2026, DB InfraGo filed a lawsuit at the Verwaltungsgericht Köln and requested expedited proceedings. The infrastructure subsidiary argued that the ruling's legal basis, proportionality, and practical implementability need judicial clarification. DB contends that the number of conflicts over track usage will increase significantly, creating legal and practical problems for capacity management. For the 2026 network timetable, DB InfraGo reported having to resolve more than 5,600 conflicts, with 95 percent settled amicably, largely because operators of scheduled services agreed to abandon their fixed intervals to allow time shifts. Under the new competition clause, companies would have no incentive to give up their intervals, making compromises significantly harder.

Concerns from DB, industry and unions

DB argues the regulation would disadvantage established non-scheduled services such as the Westbahn between Stuttgart, Munich and Salzburg, and Eurostar connections from the Ruhrgebiet via Brussels to Paris, which would not be prioritised in conflict cases despite having proven themselves in competition. The Bundesverband Schienennahverkehr warned that track conflicts could ultimately harm regional transport and threaten connectivity of rural areas. The Eisenbahn- und Verkehrsgewerkschaft (EVG) called the lawsuit a logical step. EVG chief Martin Burkert criticised the Bundesnetzagentur for rolling out the red carpet for Italo from a purely technical logic while ignoring all negative consequences.

It remains to be hoped that the court will quash the decision and the process for Italo's market entry can begin anew.

Burkert called on Federal Transport Minister Steffen Bilger (CDU) to politically manage the market entry, saying Bilger could ensure fair package solutions in track allocation so that competition does not leave entire regions cut off and jobs destroyed. The FAZ noted that politicians have largely stayed out of the debate, with successive federal transport ministers merely asserting that rail competition is desirable without addressing the structural questions the Italo case exposes.