18| | DEUTSCHE BAHN GroupIn a subsequent review procedure initiated against the VRR, theFederal Court of Justice stated that this contractual amendmentwas void due to considerations of procurement law. It is allegedthat, without a formal procedure, Cartel Procurement Law doesnot allow the envisaged extension of the services of S-<strong>Bahn</strong>Rhein-Ruhr by a further five years until December 2023. TheFederal Court of Justice stated that German Cartel ProcurementLaw specifies an obligation to put contracts out to tender foragreeing public regional passenger transport services beyondthe law of the European Union.On May 18, 2011, we reached an agreement with the VRRwith regard to a new adjustment to the transport agreementwhich, as far as possible, in particular maintains the improvementsfor the passengers which were included in the contractadjustment which was declared to be void (including increasedtrain capacities, optimized routes). The extension of five yearsfor S-<strong>Bahn</strong> (metro) services, which was criticized by the FederalCourt of Justice, is no longer applicable. Part of the S-<strong>Bahn</strong>(metro) services will be extended by one year until December2019 in line with procurement law as a result of an existing optionof the VRR in the agreement from the year 2004.In several letters to the EU Commission, the InteressenverbandMofair e.V., whose members include Abellio whichbelongs to the Dutch NS, has alleged that transport agreementsbetween the VRR and companies of DB Group contained unlawfulaid. The Federal Republic of Germany has answered a requestfor information from the European Commission which refers tothese complaints. In the opinion of DB Group, no unlawful aidis involved.FURTHER COMPENSATION PAYMENTS FOR RESTRICTIONSIN THE SERVICE OF S-BAHN BERLINAs a result of the severe winter conditions at the beginning of2011, a restricted winter timetable was applicable for S-<strong>Bahn</strong>Berlin between the end of January and the end of February 2011;these restrictions also included speed limits. The scheduledservices with 425 quarter-trains, which had been applicable sinceJune 2010, were initially resumed in March 2011. The number ofquarter-trains deployed for passenger operations was thenincreased to 440 by the end of June 2011. The operating positionwas thus overall slightly improved compared with the first halfof 2010. It is still the aim to offer scheduled services with500 quarter-trains with the introduction of the new 2011 /2012timetable.As a result of the continuing restrictions in operations atS-<strong>Bahn</strong> Berlin, we are offering additional compensation to ourcustomers in the local public transport network in Berlin in 2011.In addition to the previous compensation provided in the formof free travel and repayments of around € 105 million, furtherpayments will be made to passengers in 2011.LIBERALIZATION OF LONG-DISTANCESCHEDULED BUS SERVICESIn February 2011, the Federal Government published the draftof the amendment to the Passenger Transportation Act andliberalization of long-distance scheduled bus services. The legislationprocedure will probably be completed at the beginningof 2012. In accordance with the regulations of this draft, localrail passenger transport services and public rail passenger transportservices are to be protected against long-distance busservices.Following an extensive review, we initially decided not toexpand our existing long-distance bus services aggressively inview of the expected volatility of the market. However, we willobserve further developments and adopt a flexible approachfor our business activities.Tendering of RAIL AND BUS SERVICESRail services in Germany (DB Regional Rail)The ordering organizations completed 13 tender procedures inGermany in the period under review (first half of 2010: six) andawarded contracts for a total of 31 million train kilometers (trainkm) (first half of 2010: 14 million train km).As was the case in the first half of 2010, we participated inall invitations to tender. We were successful in winning sixcontracts (first half of 2010: two invitations to tender) or 69 %of the train kilometers for which a contract was awarded (firsthalf of 2010: 43 %). Of the total train kilometers put out to tender,78 % have previously been provided by companies of DB Group.On the basis of the contracted volume (train kilometersover the entire term of the contracts), the success ratio was 77 %(first half of 2010: 66 %).Bus services in Germany (DB Regional Bus)In the period under review, contracts were awarded in Germanyfor bus services in 17 tendering processes with a total volumeof around 12 million bus kilometers (bus km) (first half of 2010:14 million bus km). Of the total number of bus kilometers forwhich contracts have been awarded, 38 % have so far beenprovided by companies of DB Group.In the period under review, we participated in nine invitationsto tender with a volume of 9 million bus km. In the invitations totender in which we participated, we achieved a success rate of45 % (first half of 2010: 39 %).
| | Interim Group Management Report19Bus and rail services in other European countries (DB Arriva)DB Arriva has also participated in tender processes throughoutEurope in the period under review.In bus transport, DB Arriva achieved success in eight majortendering processes with a total volume of around 7 million buskm in Great Britain, four major tendering processes in Denmarkwith a total volume of approximately 23 million bus km andthree major tendering processes in the Netherlands with atotal volume of approximately 5 million bus km. Most of thebus services which were secured had previously been operatedby DB Arriva.In the field of rail services, DB Arriva was also successful ina major tendering processes for a contract between Arnhem andWinterswijk in the Netherlands. The contract is due to run fora pe riod of 13 years, with an annual volume of around 4 milliontrain km.DB BAHN LONG-DISTANCE BUSINESS UNITSelected key figures [ € million ] H 1 Change2011 2010 absolute %Passengers rail (million) 60.0 60.2 – 0.2 – 0.3Volume sold rail (million pkm) 16,888 17,289 – 401 –2.3Load factor (%) 45.0 46.9 – –Total revenues 1,825 1,828 –3 – 0.2External revenues 1,760 1,765 –5 – 0.3EBITDA adjusted 227 261 –34 – 13.0EBIT adjusted 46 80 –34 – 42.5Gross capital expenditures 40 13 +27 –Employees (FTE as of Jun 30) 16,140 15,312 + 828 + 5.4Performance developmentThe development in the DB <strong>Bahn</strong> Long-Distance business unitin the period under review was characterized by the nonrecurrenceof positive one-off effects from the first half of 2010,for which it was not possible to achieve a full compensation,as well as problems attributable to negative one-off effects inthe first half of 2011. The positive one-off effects from the firsthalf of 2010 which were not repeated included in particular thesevere winter weather and the problems posed in aviation asa result of the ash clouds and a pilot strike. In the first half of2011, there were also negative one-off effects attributable toA construction measures on the east-west corridor [1], whichresulted in considerable restrictions, as well as uncertaintyrelating to threatened and realized A train driver strikes ofthe GDL trade union [2].The number of passengers, the volume sold and the loadfactor accordingly declined slightly in the period under review.BUSINESS DEVELOPMENTDespite an opposite increase in specific revenues, the negativeeffects resulting from the development in performance werereflected in a slight downturn in overall revenues and also inexternal revenues. This was opposed by an increase in the otheroperating income resulting from insurance payments in connectionwith a damaged ICE train (an accident near Lambrecht).On the expense side there were cost increases particularly interms of maintenance, energy and personnel (resulting from ahigher number of employees and wage increases), and therewas also an increase in other operating expenses (costs ofleased trains).In consequence, the lower revenues and higher costsresulted in an adjusted EBITDA which declined by € 34 millionto € 227 million and an adjusted EBIT which declined by € 34million to € 46 million.Gross capital expenditures were considerably higher thanthe respective previous year figure. The increase was due tothe start of implementing the redesign measures for the ICE 2fleet, procuring ultrasound inspection installations and theconstruction of additional de-icing installations.The number of employees has increased considerablycompared with June 30, 2010. The increased personnel requirementhas resulted among other factors from internal reclassificationsof employees as well as higher recruitment in the fieldof maintenance.| | [1] A Page 27 | | [2] A Page 35