Dispute settlement between Telekom and DB InfraGO on duct sharing at level crossing
Year of issue 2025
Date of issue 2025.04.01
The Bundesnetzagentur has published a decision on sharing physical railway infrastructure.
"Our decision promotes faster fibre rollout. At the same time, it acts as a signal for the future that physical infrastructure is often suited to incorporating digital infrastructure components,"
said Klaus Müller, President of the Bundesnetzagentur.
Dispute about conditions and charges in sharing offer
The Bundesnetzagentur arbitrated in a dispute between Telekom Deutschland GmbH and DB InfraGO AG about sharing a duct near the level crossing in Stavenhagen. Telekom plans to roll out fibre to customers located north of the level crossing using existing physical infrastructure. The parties were in dispute about the specific conditions and charges set out in DB InfraGO’s offer for sharing the duct. Telekom therefore requested the Bundesnetzagentur to carry out a dispute settlement procedure as envisaged by law.
DB InfraGO revised its offer in the course of the dispute settlement proceedings. Telekom also adapted its request for access in line with various points that had been agreed during the proceedings. The negotiations led by the ruling chamber do not only focus on an assessment of the legal situation. The aim is also for the parties – moderated by the ruling chamber at the Bundesnetzagentur – to find common ground and achieve the best possible solutions for their specific case with the highest possible degree of acceptance. If they are not successful, the ruling chamber issues a binding decision.
The Bundesnetzagentur’s decision looked at whether the conditions set out in the offer for sharing were fair and reasonable. It has now been ensured that the arrangements relating to liability, onus of proof and information requirements are balanced. The decision makes it clear that the sharing obligation laid down in law means that there is no general and absolute priority for the operation of the railway infrastructure. The “safety and ease of railway traffic” is shaped by laws, ordinances, directives or rules of good engineering practice. The aim is therefore to adequately balance the interests of the two parties in the particular case based on these regulations.
As a result of the proceedings, parts of DB InfraGO’s offer were modified and the offer was made binding. Neither of the parties was successful in pushing through all of their demands. Telekom has until 5 May 2025 to accept this offer.
National dispute settlement body
The Bundesnetzagentur acts as the national dispute settlement body, whose task is to resolve disputes quickly and issue binding decisions. More information is available at www.bundesnetzagentur.de/bk11 (in German).