Bundesnetzagentur approves track access charges for 2026 following judgment of the European Court of Justice
Year of issue 2026
Date of issue 2026.07.22
The Bundesnetzagentur has today revoked the charges approval for the train path price system 2026 of DB InfraGo and DB RegioNetz Infrastruktur (RNI) GmbH that was issued in December 2025, and has approved new charges. The track access charges for long-distance rail passenger transport and rail freight transport have been lowered when compared with the previously approved charges for 2026. By contrast, the charges for regional and local rail passenger transport have increased following the European Court of Justice’s declaration that the price curbs for local transport were unlawful.
Track access charge curbs for regional and local rail passenger transport do not comply with European Union law
The German legislators set a percentage rate in the Rail Regulation Act (ERegG) with reference to the Regionalisation Act (RegG) by which the track access charges for regional and local rail passenger transport are allowed to rise annually, which is referred to as the track access charge curb. These rates of increase were independent of the actual developments in costs at DB InfraGO AG. This had caused significant charge differences, in particular in the train path price system (TPS) 2025 approval, between the transport services. The reason for this was the rise in costs of DB InfraGO AG due to the track access charge curb for regional and local rail passenger transport, which had to be borne mainly by the long-distance passenger transport and the rail freight transport services. Various railway undertakings and DB InfraGO AG itself subsequently filed actions, and in the case of DB InfraGO AG one application for interim relief, with Cologne Administrative Court. Cologne Administrative Court referred the question of compatibility with EU law to the European Court of Justice (CJEU). The CJEU ruled in a judgment of 19 March 2026 that the train path price curb for regional and local rail passenger transport established in German law does not comply with EU law.
Revocation and new approval of the train path price system for 2026
The ruling chamber has issued a decision today that approves new charges and revokes the train path prices for the TPS 2026 of DB InfraGO AG and of DB RNI GmbH that were approved in December 2025 and that applied the train path price curb. When compared with the train path prices originally approved, this leads to an increase of 9% in track access charges for regional and local rail passenger transport, a reduction of 17% for long-distance rail passenger transport and a reduction of 12% for rail freight transport with DB InfraGO AG. At DB RNI GmbH the changes from the previously authorised charges are similar with an increase for regional and local rail passenger transport of 11%, and a decrease for long-distance rail passenger transport and rail freight transport of 18% and 14%, respectively. Overall, regional and local rail passenger transport will bear an additional burden of €400mn and long-distance rail passenger transport and rail freight transport will see a corresponding reduction.
Next steps
The billing for the new TPS 2026 track access charges and retroactive invoice adjustments will be carried out directly between the railway undertakings or other access beneficiaries and DB InfraGO AG and DB RNI GmbH. Decisions on any revocation and new determination of the track access charges under the TPS 2025 approved by decision of 22 March 2024 will be taken later in the year.