BNetzA orders 25 % of high‑traffic rail capacity to rivals, DB files urgent Cologne suit

25 % of train‑path capacity on heavily used corridors must be set aside for competing operators, the Federal Network Agency (BNetzA) ruled on 14 August 2026.

Regulator’s order

BNetzA decided that DB InfraGo, the infrastructure arm of Deutsche Bahn, must allocate a minimum of one‑quarter of capacity on designated high‑traffic corridors to rivals. The order applies only to corridors with defined capacity caps and to operators offering a “vertakteter” (high‑frequency) service.

Deutsche Bahn’s legal response

Deutsche Bahn has filed an urgent injunction (Eilverfahren) at the Verwaltungsgericht Köln (Cologne Administrative Court) to contest the decision. The company says it will seek clarification of the legal basis, proportionality and practical feasibility of the regulator’s mandate.

Implications for competition

The ruling is linked to Italo’s planned entry into the German long‑distance market in 2028. Italo lodged a complaint with BNetzA over the existing capacity‑allocation process, prompting the agency’s response.

Operational impact

For the 2026 network timetable, DB InfraGo reported handling more than 5,600 capacity conflicts, a figure that illustrates the complexity of reallocating slots.

Key figures from the BNetzA decision

Figure	Value	Base	Period	Source
Minimum capacity share for competitors	25 %	of corridor capacity	Decision announced 14 Aug 2026	Handelsblatt
Capacity conflicts handled for 2026 timetable	>5,600	conflicts	2026 network plan	Handelsblatt

Deutsche Bahn’s challenge could reshape rail competition in Germany, affecting how capacity is allocated to new entrants such as Italo.