The German rule that caps the price rail operators can charge for using their infrastructure in local transport is found to violate EU law. The European Court of Justice ruled on Thursday that the requirement to calculate fees with a fixed mathematical formula restricts the independence of infrastructure managers.
The Luxembourg judges explained that operators need some flexibility when setting tariffs to maintain independent management. They held that the German rule does not provide enough leeway, and that this limitation runs counter to the aim of making railway traffic efficient and competitive.
The court also rejected the request from the Bundesnetzagentur (Federal Network Agency) to limit the judgment’s immediate effect. The agency had argued that a retroactive application would cause serious economic disruptions.
The German railway consortium, the Bundesverband Schienennahverkehr (BSN), foresees a cost increase in the billions following the judgment. Peter Panitz, BSN president, called for a rapid government solution to close the financing gap created by the EU‑law‑violating price cap. He stressed that the SPNV is a core public service and that operators will continue to run as usual, serving millions of daily passengers.
The Federal Ministry of Transport remained cautious. A spokesperson said the ECJ ruling provides legal certainty and will be considered in the ministry’s internal review of a track‑price reform. The ministry also noted that the ruling opens the possibility of redistributing costs among different rail users. It added that the ministry is actively preparing the track‑price reform and will soon present options to the affected stakeholders.
