Law firm Tigges has highlighted a growing legal basis for claims against railway infrastructure undertakings (RIUs), warning that liability for unavailable train paths is becoming increasingly relevant for railway undertakings (RUs) and other users.
At the heart of the issue are track access agreements. In 2021, Germany’s Federal Court of Justice ruled that such contracts should be treated as rental agreements. The court found that RIUs, including DB InfraGO AG, must ensure tracks are usable at the agreed times. Limitations of liability in DB InfraGO’s terms of use were deemed invalid. If tracks are unavailable, this constitutes a defect and can justify compensation claims.
In practice, short-term outages and delays are common, leaving operators to absorb the costs and face pressure from their own customers. With Germany’s infrastructure in poor condition and large-scale corridor renovations underway, Tigges expects further disruption.
The firm advises railway companies not to simply accept path restrictions but to assess each case individually and pursue damages where possible. This applies both to spot traffic and to regular services. Tigges’ Rail Competence Team offers legal support for operators considering such claims.
