Competition Report 2006 - Deutsche Bahn AG

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competitive advantage simply by disputing payment demands. The fundamental considerations on which the court based its decision can be applied in full to future cases in which access is refused, not least because the reasons for the decision refer to the new legal situation at many points. First proceedings under the new law Following the reallocation of responsibility for rail regulation, the Federal Network Agency has taken over all unresolved regulatory proceedings from the Federal Railway Offi ce. This involves a large number of unfi nished proceedings in which suspected discrimination could not be confi rmed. Moreover, the Federal Network Agency has also taken over the fi rst pending regulatory proceedings under the new railway law. These proceedings referred to the revised versions of the network statement of DB Netz (railway tracks and service facilities), the railway infrastructure usage regulations of DB Station&Service (passenger stations) and DB Energie (railway fuel stations) presented for the purpose of preliminary review. DB had fi rst initiated summary court proceedings to contest the objections raised by the Federal Railway Offi ce to individual clauses of these regulations. Cologne Administrative Court regarded the central legal issues as so complex that in the fi rst instance, it chose not to order the suspensive eff ect of the objections to the decisions of the Federal Railway Offi ce. In parallel with the ongoing court proceedings, DB entered into negotiations with the Federal Network Agency in order to fi nd an amicable solution to the legal issues in dispute. The objections to the railway infrastructure usage regulations would have involved considerable risks for the entire rail transport in Germany. In the worst-case scenario, important provisions would not have come into force, a situation which could have jeopardised compilation of the 2007 working timetable. On the basis of its experience of other network industries, the Federal Network Agency acknowledged the need for a pragmatic and phased approach to the regulation of rail infrastructure and drew up solutions to the controversial legal issues at short notice in consultation with DB. To avoid jeopardising compilation of the 2007 working timetable, the authority ordered the DB infrastructure companies to put the new regulations, modifi ed by mutual agreement, into operation by the beginning of the train path compilation phase. The validity of the modifi ed regulations has been restricted to one year to enable the parties to gather experience with these radically amended regulations governing the use of infrastructure and stations. Once the regulatory authority’s legal reservations had been dispelled, most of the pending proceedings could be closed. The new regulations mean in particular that authorised users can sign framework agreements for a longer term than one working timetable period and thus secure their infrastructure capacities. Within the framework of the legal regulations, these capacities enjoy priority in train path compilation. The fi rst framework timetable period covers the working timetables for the period <strong>2006</strong> to 2010. The fi rst framework agreements can be concluded with eff ect for the 2007 working timetable. Regulatory Policies The decisions of the Federal Network Agency have safeguarded the 2007 timetable. 39
40 EBA proceedings in the year 2005 Twelve infrastructure access cases were concluded in 2005. The Federal Railway Offi ce handed over a number of unresolved cases from previous years to the Federal Network Agency, many of which are to be judged on the basis of the former legal situation, prior to amendment of the AEG and the new EIBV. Twelve concluded EBA proceedings involving DB EBA Reference No. Parties Subject Results 15 Nz 038-04 RSE Obligation to process a train path application Subject of dispute on the non-negotiable Prien – Obing line meanwhile settled 15 Nz 042-04 undisclosed RU Admissibility of licence for deployment Suspected discrimiof construction vehicles nation was not confi rmed 15 Nz 512-04 Schneider Admissibility of licence for deployment Suspected discrimiund Schneider of construction vehicles nation was not confi rmed 15 Nz 014-05 NOB Infrastructure and timetable data Subject of dispute from the RuT-K system meanwhile settled 15 Nz 014-05 NOB Train path confl ict in the annual timetable, Subject of dispute Hamburg – Westerland line meanwhile settled 15 Nz 019-05 NOB Train path confl ict in the annual timetable, Subject of dispute Hamburg – Westerland line meanwhile settled 15 Nz 020-05 NOB Train path confl ict in the annual timetable, Subject of dispute Hamburg – Westerland line meanwhile settled 15 Nz 021-05 NOB Train path confl ict in the annual timetable, Subject of dispute Hamburg – Westerland line meanwhile settled 15 Nz 022-05 DB Fernverkehr/ Train path confl ict in the annual timetable, Subject of dispute DB Autozug Hamburg – Westerland line meanwhile settled 15 Nz 023-05 DB Fernverkehr/ Train path confl ict in the annual timetable, Subject of dispute DB Autozug Hamburg – Westerland line meanwhile settled 15 Nz 026-05 DBG Train path refused Suspected discrimination was not confi rmed 15 Nz/23-1000 <strong>Bahn</strong>betriebswerk Conclusion of an infrastructure connection Mutual solution Krefeld agreement (IAV) at reasonable costs agreed 30 pending EBA proceedings involving DB EBA Reference Parties Subject Legal Situation No. old new Infrastructure use in general 15 Nz 007-05 undisclosed RUs Information on delays for purposes of compensation X 15 Nz 008-05 ODEG Conclusion of an IAV at Eberswalde station X 15 Nz 029-05 undisclosed RUs Distribution of Group Directives X 15 Nz 032-05 undisclosed RU Train path application periods for occasional traffi c X 15 Nz 039-05 DB Netz Cooperation with rail infrastructure managers – X coordination of train path application periods
Page 1 and 2: Deutsche Bahn AG Communications Pot
Page 3 and 4: 2 Impressum Published by Deutsche B
Page 5 and 6: 4 Dynamic Developments in an Attrac
Page 7 and 8: 6 Keen competition and the trend to
Page 9 and 10: 8 who have the power to make decisi
Page 11 and 12: 10 The attractiveness of the German
Page 13 and 14: 12 Del dit loreet ametum etum quipi
Page 15 and 16: 14 More and more passengers use Deu
Page 17 and 18: 16 The high number of operators ind
Page 19 and 20: 18 Market share of other railways i
Page 21 and 22: 20 Unresolved legal issues and a di
Page 23 and 24: 22 Fair framework conditions are vi
Page 25 and 26: 24 performance, while the fi gure f
Page 27 and 28: 26 By using all the diff erent tran
Page 29 and 30: 28 In Dialogue with a Scientifi c E
Page 31 and 32: 30 Joachim Fried, born 1948, is a f
Page 33 and 34: 32 Equal Rules for Opening the Tran
Page 35 and 36: 34 The unequal treatment of the dif
Page 37 and 38: 36 New national regulatory framewor
Page 39: 38 The position of the infrastructu
Page 43 and 44: 42 Cartel Offi ce has its sights on
Page 45 and 46: 44 Movement in the Euro pean Rail M
Page 47 and 48: 46 The excellent economic developme
Page 49 and 50: 48 Train path pricing in the EU Mem
Page 51 and 52: 50 Important new-build lines will b
Page 53 and 54: 52 EU initiative for public transpo
Page 55 and 56: 54 Company L R F M Shareholder Comp
Page 57 and 58: 56 Company L R F M Shareholder VTG
Page 59 and 60: 58 Company L R F M Shareholder Muni
Page 61: 60 Company L R F M Shareholder Rint

Competition Report 2006 - Deutsche Bahn AG

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