Orka Pleads Before the CJEU on the Track Price Cap

The law firm orka represented 14 rail freight companies in proceedings before the Court of Justice of the European Union (CJEU). The matter concerns the EU-law compatibility of the so-called "Trassenpreisbremse", a statutory cap on track access charges for local passenger rail services (SPNV) introduced by § 37(2) of the German Electrification and Rail Regulation Act (ERegG). The proceedings originate in interim proceedings brought in 2024 by DB InfraGO AG before the Administrative Court Cologne (VG Köln) challenging the Bundesnetzagentur's approval of the 2025 track-price system. The VG Köln concluded that the cap on SPNV charges may be incompatible with EU law and therefore referred the question to the CJEU for a preliminary ruling. An oral hearing in Luxembourg took place on 4 December 2025. Participating parties included orka's 14 client rail freight companies, the Bundesnetzagentur, the European Commission and regional contracting authorities (Aufgabenträger) responsible for organising and financing SPNV in certain areas. The orka team anticipates a CJEU judgment in 2026; until then the rail sector remains in a period of significant uncertainty as to the future structure and level of track charges. Background: The Trassenpreisbremse limits the charges DB InfraGO AG, as infrastructure manager, may levy for use of infrastructure (rail network, passenger stations) in SPNV. The cap is linked to the level of federal regionalisation funds allocated to the Länder for SPNV. Because DB InfraGO must cover its total costs from the sum of all charges, a statutory limit on SPNV charges effectively shifts costs to rail freight (SGV) and long-distance passenger rail (SPFV). The fair and legally compliant distribution of these burdens has been a contentious issue in the sector for years. orka represented the 14 rail freight companies with a team composed by: Dr. Anselm Grün (Partner, Regulation, Berlin, lead), Dr. Dominika Stachurski, LL.M. (Salary Partner, Regulation, Berlin, lead), Dr. Moritz Dästner (Salary Partner, Competition Law, Düsseldorf, lead), Dr. Johannes Bethge, MLE. (Salary Partner, Regulation, Berlin) and Prof. Dr. Patrick Ostendorf, LL.M. (Of Counsel, Regulation, Berlin).

Orka Pleads Before the CJEU on the Track Price Cap

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