DB InfraGO CEO warns Italo's Germany rail entry risks legal chaos

Philipp Nagl, CEO of DB InfraGO, has spoken out against plans to give Italian train operator Italo special treatment in Germany’s long-distance rail market. He warned that granting short-term exceptions could trigger legal battles and undermine existing rules before a new EU framework takes effect in 2031. Nagl criticised proposals for a temporary 'new entrant clause' designed to help Italo enter the German market from 2028. He called the idea legally risky and predicted it could lead to courts striking down track access rules within 18 months for failing to comply with EU law.

He also argued that rushing through interim solutions now would be unwise. The old multi-year agreements from 2017 were scrapped due to their complexity and legal uncertainty, leaving a gap until the EU’s Capacity Regulation becomes binding in 2031.

Despite his concerns, Nagl acknowledged that competition in long-distance rail could succeed. His main priority, he said, was ensuring that any changes ultimately improve services for passengers. Nagl’s warnings highlight the potential consequences of fast-tracking special conditions for Italo. Without a stable legal framework until 2031, he believes such moves could create prolonged legal disputes and instability in Germany’s rail sector. The focus, he insists, should remain on fair competition that serves travellers.