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Deutsche bahn group
In addition, there were also contingencies of € 144 million arising from guarantees as of June 30, 2010 (as
of December 31, 2009: € 128 million; as of June 30, 2009: € 136 million); these mainly relate to customs
guarantees of international Schenker companies which had been provided. In addition, proper ty, plant
and equipment with carrying amounts of € 108 million (as of December 31, 2009: € 131 million; as of
June 30, 2009: € 172 million) were used as collateral for loans of EUROFIMA (European Company for
the Financing of Railroad Rolling Stock), Basel / Switzerland, extended to DB AG; this relates mainly
to rolling stock used at the operating companies in the segments DB Bahn Long-Distance, DB Bahn
Regional and DB Schenker Rail.
The investigation proceedings initiated against the freight forwarding sector by the European
Commission, the US Ministry of Justice and further national cartel authorities on the grounds of the
suspicion of anti-competitive collusion in the field of land, ocean and air freight are still ongoing.
On February 9, 2010, the EU Commission notified the grievances to DB AG as well as four subsidiaries.
DB AG commented on this aspect on April 23, 2010. All the investigations are not expected to be completed
before the year 2011. A class action for damages in the USA was settled – subject to the court
approval which is still outstanding. At present, we are not able to assess the potential extent of possible
fines. It is possible that claims for damages might be enforced outside the USA.
DB Group acts as guarantor mainly for equity participations and joint ventures, and is subject to
joint and several liability for all syndicates in which it is involved.
OTHER FINANCIAL OBLIGATIONS
Capital expenditures in relation to which the company has entered into contractual obligations as of the
balance sheet date, but for which no consideration has yet been received, are broken down as follows:
€ MILLION Jun 30, 2010 Dec 31, 2009 Jun 30, 2009
Committed capital expenditures
Property, plant and equipment 6,928 6,280 6,711
Intangible assets 2 2 2
Outstanding capital contributions 354 317 308
Total 7,284 6,599 7,021
The increase in the order commitment for property, plant and equipment is mainly attributable to the
procurement of new rolling stock as well as an increase in anticipated capital expenditures volume
particularly for construction projects at DB Netz AG.
Of the figure shown for outstanding capital contributions, € 354 million (as of December 31, 2009:
€ 317 million, as of June 30, 2009: € 308 million) relates to outstanding contributions in EUROFIMA
which have not been called in. Of this figure, EUROFIMA has drawn € 82 million on condition that a
legal report which has been ordered confirms that the arrangement is consistent with EU competition
law and aid law. The change in relation to the figure stated for the previous year is attribut able to ex -
change rate effects.