Germany's rail chief warns Italo's fast-track entry risks legal battles
The head of Germany’s rail infrastructure company has raised concerns over plans to give Italian operator Italo special access to the German long-distance market. Philipp Nagl, CEO of DB InfraGO, warned that such a move could trigger years of legal disputes. He also questioned whether the proposed ‘new entrant clause’ would even comply with EU law. Nagl criticised the idea of introducing a short-term exemption for Italo starting in 2028. He described the proposal as legally risky, arguing that courts could reject it within 18 months. His comments came as discussions continue about opening Germany’s rail market to more competition.
The old system of multi-year framework agreements, set in 2017, was scrapped because it proved too complicated and legally unstable. A new binding legal framework under the EU’s Capacity Regulation will not take full effect until 2031. Until then, any special conditions for new operators could face legal challenges. DB InfraGO, which manages Germany’s rail network, does not favour any particular train company. Nagl stressed that the focus should remain on ensuring competition works for passengers. He believes a fair system will ultimately lead to better services for travellers.
Nagl’s warnings highlight the legal risks of fast-tracking Italo’s entry into the German market. Without a stable regulatory framework until 2031, any special terms could be overturned by courts. The outcome may depend on whether policymakers can balance competition with legal certainty in the coming years.
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