Germany’s regulator is set to impose a competitive access rule for long-distance rail, aiming to open 25-40% of capacity on the busiest routes to rivals like Italo and FlixTrain.

The plan targets major hubs such as Munich and Frankfurt, with DB InfraGo required to allocate 60-75% of capacity to a single operator on crowded links and guarantee access for at least one competitor.

The new rule would apply to DB Infrago, signaling a structural shift in how capacity is allocated.

DB InfraGO criticized the proposal, warning it could worsen bottlenecks, and said it would review the draft decision and consider options.

Routes without explicit capacity limits would stay under the current system, and freight and regional traffic would not be affected by the new clause.

The push follows Italo’s complaint about lack of framework contracts offering planning security, though changes aren’t expected before 2031 due to pending EU regulatory shifts.

The proposal remains a draft to be reviewed by the Eisenbahn-Infrastrukturbeirat, with a final decision expected within about two weeks and rules ready for 2028 operations.

A final ruling is anticipated after the review, with implementation slated for 2028 and ongoing oversight by advisory bodies.

Industry players like FlixTrain oppose special treatment for Italo and favor an EU-regulated access regime set to apply from 2031, citing investments already made by rivals.

Current annual access rules create uncertainty; the agency will consult with the Rail Infrastructure Advisory Committee, Bundeskartellamt, and Monopolkommission while keeping access terms under annual review through 2031.

Italo has pressed for in-station services access, though access to sidings and ticket machines remains unchanged for now.

Regulators note high costs for new rolling stock and track access, arguing the rule guarantees minimum access without crowding out other transport modes.