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Chairmanʼs letter
37
Major events
Interim Group management report
Consolidated interim financial statements
INVESTIGATIONS AT DB INTERNATIONAL
The audit firm KPMG has been retained to lead internal investigations at DB International GmbH (DBI)
following charges in the wake of preliminary investigation proceedings opened by the public prosecutor’s
office in Frankfurt am Main. Prosecutors allege that DBI employees have in the past transferred payments
and in-kind donations to decision makers abroad, either directly or via third parties. According to the
prosecution, these contributions were given to elicit preferential treatment of DBI in regard to awarding
orders. The official investigation is based on information we ourselves gave to the authorities. It cannot
be excluded that a corporate fine or an order for forfeiture will be imposed on either DBI or DB AG.
GERMANY SUED BY EU COMMISSION FOR ALLEGED FAILURE TO CORRECTLY
IMPLEMENT THE FIRST RAILWAY PACKAGE
The European Commission decided on June 24, 2010 to sue Germany and twelve other EU member
states before the European Court of Justice. The affected countries are accused of insufficiently implementing
the first European railway package, especially the unbundling requirements. Parties to
this infringement proceeding are the European Commission and the Federal Republic of Germany.
The Federal Government has fully rejected the allegations of the Commission thus far. DB Group is also
of the opinion that the arguments of the Commission are invalid. DB Netz AG is independent from other
enterprises within DB Group in its decisions regarding train path access and track charges. European
railway law explicitly allows the holding structure chosen by Germany.
DB GROUP WINS SUIT CONCERNING LONG-DISTANCE BUS Services
In June 2010 the Federal Administrative Court voided the permit given to a competitor operating bus
services from Frankfurt am Main to Dortmund. The Court objected to the fact that the Regional Council
of Darmstadt had neglected to involve DB Group sufficiently in the licensing process. However, the
decision also postulates that long-distance, scheduled bus services can be seen as a generally improved
offer if it is significantly less expensive than traveling by rail.
BERLIN S-BAHN CONCLUDES RENEGOTIATIONS
In late June 2010 we negotiated with the Berlin Senate an adjustment of the existing transport agreement
for the Berlin S-Bahn (metro), which had become necessary due to ongoing service limitations that
had taken place since July 2009. The focus of the agreement is on defined quality features for punctual
ity, cleanliness and customer satisfaction as well as a clearly defined number of quarter trains in
service. Non-compliance with the requirements for punctuality, cleanliness and customer satisfaction
might reduce concession fees in accordance with the regulations. The limit of contractual penalties
per year was raised.