Following a landmark ruling by the European Court of Justice (ECJ) in Luxembourg on Thursday, regional transport associations and rail operators across Germany are warning of significant additional costs, and cautioning that passengers could ultimately bear the consequences. The ECJ struck down Germany's price cap on track access fees for regional rail services. In an initial response, the Federal Ministry of Transport announced that a reform would be introduced shortly. (Case reference: C-770/24)
Rail operators pay track access fees to DB InfraGO and DB RegioNetz Infrastruktur, the infrastructure subsidiaries of Deutsche Bahn. The operators have long criticised the fee structure, arguing that while costs have risen sharply, increases applicable to regional services have been capped. In practice, the bulk of cost increases have been passed on to long-distance and freight services instead. A reform of the system has been in the pipeline for some time.
The case brought before the ECJ concerned the fee structure for 2025. Germany's Federal Network Agency had approved the fees only with modifications — reducing charges for regional passenger services while increasing them for long-distance and freight transport. Under German law, track access fees must cover all costs incurred by the infrastructure operator.
DB InfraGO and DB RegioNetz Infrastruktur challenged this before the Cologne Administrative Court, which in turn asked the ECJ whether the German system was compatible with EU law. The European judges ruled that it was not, finding that the infrastructure operator had been given insufficient leeway.
Transport operators and political voices warned after the ruling that the consequences could include fewer regional rail lines, higher ticket prices, and longer waiting times. They called on the Transport Ministry to accelerate its reform efforts. "Through the federal government's inaction, the problem has now become acute," said Jan Görnemann, Managing Director of the Federal Association for Regional Rail Transport (Bundesverband Schienennahverkehr).
Speaking on behalf of the Rhine-Ruhr Transport Authority (VRR), its board spokesman Oliver Wittke demanded that the federal government finance a new solution. "Massive reductions in regional rail services would otherwise be the unavoidable consequence, fewer trains, longer waiting times, thinned-out schedules. In short: tangible cuts to people's everyday mobility," he warned.
"The federal government and the states must now quickly find a solution together with the industry," said Martin Becker-Rethmann, President of Mofair, the interest association representing private rail operators.
The Railway and Transport Workers' Union (EVG) directed its appeal at Federal Transport Minister Patrick Schnieder (CDU), demanding that he "finally take action." EVG chief Martin Burkert described the ECJ ruling as the "very last warning shot" for Schnieder. "If he continues to do nothing, prices will explode and rail passengers will pay the price," he said.
The German Transport Club (VCD) also called on the Transport Ministry to "act quickly, because otherwise the costs for regional trains will rise considerably." The Federal Transport Ministry said it was "intensively preparing the track access fee reform" and that "possible approaches" would be presented to stakeholders "in the near future." Under the current plan, the new system is expected to come into force next year.
Bavaria's Transport Minister Christian Bernreiter (CSU) pointed out that the federal states co-finance regional rail services. For Bavaria alone, he warned, the ruling could result in additional annual costs running into the hundreds of millions of euros. He said he intended to address the issue "with high priority" at the next Transport Ministers' Conference in Lindau next week.
For the Greens parliamentary group in the Bundestag, MP Matthias Gastel stated: "For regional services, either the track access fees must be capped, or the regionalisation funds that the federal government provides for state-commissioned services must be increased." He added that services for passengers "must be protected in any case."
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