Deutsche Bahn is planning extensive general refurbishments on the high-speed corridors in the coming years. Long-term planned construction measures, including the general refurbishments, require consultation between DB InfraGO and the parties entitled to access. This is based on DB InfraGO guideline 402.0305, which sets tight deadlines for comments. The Federal Network Agency (BNetzA) attaches great importance to these deadlines: In the final agilis decision of 07.02.2025, it clarified that access rights holders lose their right to be heard (preclusion) if they miss the deadlines set. The deadlines within which alternatives to the concept of months-long full closures can be put forward already end around three years before the start of the respective measure.
It is therefore crucial for all those with access rights to keep an eye on the dates for the general refurbishments that affect them and to actively use the consultation periods provided to bring their operational interests to bear.
Consultation takes place via the KOMBau portal, where the specific deadlines can be accessed. The deadlines for comments are currently relevant for the measures planned for the target timetable year 2029.
Content requirements for statements
According to Section 14 of Directive 402.0305, authorized users can address the following points in particular:
- Timing – for example, certain calendar days on which closures should be excluded (e.g. due to major events)
- affected route sections – e.g. information on when and why certain stations or connections must remain accessible
- Type of closure – single-track closure or total closure
- Alternative concepts – such as alternative services or detour routes
- Other considerations – any additional aspects that are relevant to your own business
Practical tip: KOMBau is a matter for the boss
The relevant deadlines and information from KOMBau should not only be observed in the specialist departments, but should also be anchored at management level. This ensures that they are incorporated into all of the company’s planning and decision-making processes.
Recommendations for action at a glance
- Regularly check current information and deadlines in the KOMBau portal
- Observe deadlines for comments
- Prepare statements in a timely and structured manner
Meeting the tight consultation deadlines and the targeted formulation of statements are a challenge for many access rights holders. Our Rail team will be happy to support you in bringing your operational concerns to bear in a timely and effective manner.
The author and your usual contacts in the Rail team will be happy to answer any questions you may have!
Gisela Hebrant, LL.M.
hebrant@tigges.legal
+49 211 8687 185