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DEUTSCHE BAHN AG
additional information
a Germany sued by EU Commission for insufficient implementation of first railway package
a Stuttgart 21 project mediation talks complete
a Investigations at DB International
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 Ger-
many and 12 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 alle-
gations made by the Commission thus far. DB Group is also of
the opinion that the arguments of the Commission are without
merit. 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.
MeDiation proCeSS For tHe
StUttgart 21 proJeCt
On November 30, 2010 Dr. Heiner Geißler, who served as mediator,
issued a concluding statement of results thereby ending the
six-week-long mediation talks regarding the Stuttgart 21 project.
The mediator’s core remarks confirmed the Stuttgart 21
project and the new rail line to Ulm. He did, however, make this
confirmation contingent on certain conditions that must be
taken into account when making further plans for the project.
In addition to a series of subject areas (e.g. the retention and
replanting of trees, talks with groups representing handicapped
people and the fire department, as well as the socially acceptable
valuation of the involved properties) DB Group committed
itself to conduct a so-called stress test for Stuttgart 21. This
test involves using a simulation to prove that the Stuttgart
21 infrastructure can deliver 30 % more performance during
main travel times than the current railhead station. Only after
the completion of the stress test, which is being conducted by
SmA, a Swiss firm, can it be decided if supplementary infrastructure
measures are required. These measures could include
the dual-track expansion of the western access track to the
airport train station, the so-called big Wendlinger Curve, or
additional train-path in the Zuffenhausen area. The stress test
will take about six months.
inveStigationS at DB internationaL
The audit firm KPmG has been retained to conduct a special
investigation at DB International GmbH (DBI) following charges
made in the wake of preliminary investigation proceedings
opened by the public prosecutor’s office in Frankfurt am main.
The prosecutor alleges that DBI employees previously transferred
payments and in-kind donations to decision makers abroad,
either directly or via third parties. According to the prosecution,
these contributions were made to elicit preferential treatment
of DBI in regard to awarding orders. The official investigations
are continuing. The investigations are based on information we
ourselves gave to the investigating authorities. It cannot be
excluded that a corporate fine or an order for forfeiture will be
imposed on either DBI or DB AG.