Published in issue 05/2025 of the trade journal Recht der Transportwirtschaft (RdTW) Dr. Frank Wilting, member of the Competence Team Transport Law & Rail at TIGGES, published a comprehensive article on the topic of “The train path usage contract in civil court practice“.
The article analyzes the development of case law on the liability of railroad infrastructure companies (RIUs) in the event of delayed provision of train paths – and focuses in particular on the current BGH ruling of 2 April 2025 (XII ZR 15/23). This is because the Federal Court of Justice clarifies that the train path contract is to be classified as a rental contract without restriction – with far-reaching consequences for the liability of the EIU in the event of financial losses of the railroad undertaking (RU) due to delayed train path provision. The article provides a well-founded and practical explanation of the legal groundwork that has been laid, what significance this has for regional rail transport and freight transport companies and why the short limitation period under tenancy law of 6 months is fully relevant for claims by the RU due to damage to the infrastructure – for example in the event of derailments – even if this was not explicitly clarified by the Federal Court of Justice in this decision.
Click here for the article.
The author and your usual contacts will be happy to answer any questions you may have!
Dr. Frank Wilting
wilting@tigges.legal
+49 211 8687 242