Germany's rail dispute escalates over Italo's preferential track access terms
A dispute has emerged over plans to grant special track access terms to Italian rail operator Italo in Germany. Philipp Nagl, CEO of DB InfraGO, warned that such a move could trigger legal challenges and market instability. The debate centres on a proposed 'new entrant clause' set to take effect in 2028—years before the EU’s updated Capacity Regulation becomes binding in 2031. The current conflict stems from the collapse of the old multi-year framework agreements introduced in 2017. These were scrapped due to excessive complexity and legal ambiguity. Now, discussions focus on whether Italo should receive preferential conditions as a new competitor in Germany’s long-distance rail sector.
Nagl sharply criticised the short-term 'new entrant clause' as 'legally highly precarious'. He argued that special terms for Italo could lead to 'endless litigation', given the uncertainty surrounding compliance with EU law. According to his assessment, courts might invalidate the track access rules within 18 months if the clause is implemented. Despite his concerns, Nagl acknowledged that competition in long-distance rail can succeed—if structured fairly. His priority remains ensuring that any changes ultimately serve passengers rather than creating market distortions.
The proposed clause for Italo risks legal challenges and prolonged instability in Germany’s rail sector. Without a binding EU framework until 2031, any short-term adjustments could face rapid judicial review. Nagl’s warnings highlight the tension between fostering competition and maintaining legal certainty.
