Commission Decision (EU) 2025/1167

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2), first subparagraph, thereof,Having regard to the Agreement on the European Economic Area, and in particular Article 62(1), point (a), thereof,Having regard to the decision by which the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union, in respect of the measures identified in case SA.50952 (2022/C) (ex 2018/FC)^note,Having called on interested parties to submit their comments pursuant to the provisions cited above^note and having regard to their comments,Whereas:

HAS ADOPTED THIS DECISION:

Article 1 #

The measures consisting of the provision of Deutsche Bahn intragroup services to DB Cargo AG, the provision of loan financing by Deutsche Bahn Treasury to DB Cargo AG, the partial coverage of the remuneration of civil servants employed by DB Cargo AG and the transfer of annual losses of DB Cargo AG until 31 December 2021 under the profit and loss transfer agreement between Deutsche Bahn AG and DB Cargo AG concluded on 25 October 2012, as prolonged, do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (‘TFEU’).

Article 2 #

1.The transfer of annual losses of DB Cargo AG to Deutsche Bahn AG for the period between 1 January 2022 and 31 December 2024, under the profit and loss transfer agreement between Deutsche Bahn AG and DB Cargo AG concluded on 25 October 2012, as prolonged, constitutes State aid within the meaning of Article 107(1) TFEU. The aid was provided in breach of Article 108(3) TFEU.

2.The aid referred to in paragraph 1 is compatible with the internal market within the meaning of Article 107(3), point (c), TFEU, subject to the conditions laid down in Article 3 of this Decision and the obligations laid down in Article 4 of this Decision.

Article 3 #

Germany shall ensure that DB Cargo AG or Deutsche Bahn AG as the case may be, within the timelines included in the restructuring plan or, as appropriate, at the latest by the end of the restructuring period on 31 December 2026, fully implement the measures included in the restructuring plan of DB Cargo AG as well as the related measures limiting the distortions of competition.

Article 4 #

Germany shall inform the Commission, within two months of notification of this Decision, of the measures envisaged or taken to comply with it.Thereafter, Germany shall provide the Commission with regular reports on the implementation of the restructuring plan every six months until the end of the restructuring period on 31 December 2026. These reports should specify, in particular, the dates of the actual disbursement of the funding committed as own contribution of the beneficiary, any planned future aid to DB Cargo AG or its subsidiaries, including under approved schemes, the state of advancement in fulfilling the conditions set out in this Decision, any deviations from the financial or operational trajectories of the restructuring plan, containment of costs and cost reductions and increased earnings achieved by the operational restructuring measures, and the corrective measures envisaged or taken by Germany or, where appropriate, DB Cargo AG or Deutsche Bahn AG as the case may be.

Article 5 #

This Decision is addressed to the Federal Republic of Germany.

Article 1#

Article 2#

Article 3#

Article 4#

Article 5#

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Article 5 #