Law on measures for the maintenance of the operation of public transport railway undertakings

Unofficial table of contents

BahnG

Date of completion: 07.03.1934

Full quote:

" Act on measures for the maintenance of the operation of public transport railway undertakings in the revised version published in the Bundesgesetzblatt III, outline number 932-1, as last amended by Article 101 of the Act of 8. December 2010 (BGBl. I p. 1864).

Status:

Last amended by Art. 101 G v. 8.12.2010 I 1864

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1964 + + +) Unofficial table of contents

Input formula

The Reich Government has adopted the following law, which is hereby proclaimed: Unofficial table of contents

§ 1

The operation of railway undertakings in the public transport sector may only be restricted or closed with the approval of the supervisory authority. This is also true in the insolvency proceedings concerning the assets of the railway owner. Unofficial table of contents

§ 2

In the case of insolvency proceedings concerning the assets of a railway owner who operates public transport railway undertakings, the approval of the creditor committee or of the creditors ' meeting, as required by § 160 of the Insolvency Code, may be approved at the request of the Insolvency administrators or the expert shall be replaced by the supervisory authority if:

1.

individual or all railway undertakings should be sold free of hands,

2.

loans for the continuation of operations.

Unofficial table of contents

§ 3

(1) The compulsory auction of immovable property, which is dedicated to the operation of a public transport railway undertaking, may, until the operating licence granted for the railway undertaking has been extinguishing, only with the consent of the Supervisory authority shall be implemented. The forced auction, even if it is ordered after the entry into force of this law, is suspended until the end of the operating licence or until the consent has been granted. (2) As the railway undertaking's operation, it has been suspended. Immovable objects shall be considered to be the railway body and the other land intended to be used permanently or indirectly for the purposes of the railway undertaking. (3) Where an increase in force referred to in paragraph 1 is suspended, it shall begin the time limit laid down in Article 31 (2) of the Forced Enforcement Act with the The date on which the cessation referred to in paragraph 1 of this paragraph ends. (4) The provisions of national law relating to the treatment of land and other assets devoted to a railway undertaking in the public transport sector shall be deemed to be the following: Railway unit Special provisions for the satisfaction of this railway unit shall be governed by the provisions of national law in the case of immovable property dedicated to the holding of a railway undertaking. Unofficial table of contents

§ 4

(1) The use of catering equipment by railway undertakings in the public transport sector, which is pledged or overused for the purpose of securing it, is only subject to the approval of the supervisory authority until the operating licence granted for the railway undertaking has been extinguissed. (2) In the case of compulsory enforcement in driving equipment, it applies to the provisions of the law concerning the inadmissibility of the seizure of railway operating equipment in the section III, section 310-11 of the Bundesgesetzblatt, section III, published on the basis of Article 19 of the Law of 5 October 1994 (BGBl. 2911). Unofficial table of contents

§ 5

(1) The supervisory authority within the meaning of this law is the authority responsible for the supervision of the national authority. (2) A railway is the territory of several countries, according to § 5 of the General Railways Act of 27 December 1993 (BGBl. 2378, 2396), the competent supervisory authority shall, in agreement with the supervisory authorities of the participating countries, take their decisions. The same applies if the railroad owner operates other railways in other countries.

Footnote

§ § 5, 7: IdF d. § 9 paragraph 4 G v. 29.3.1951 I 225, 438; shall apply in Berlin in the original version not reproduced here (§ 3 paragraph 2 G v. 10.7.1958 114-2) Unofficial table of contents

§ 6

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§ 7

The Federal Government, with the consent of the Federal Council, shall issue the administrative provisions necessary for the implementation of the law.

Footnote

§ § 5, 7: IdF d. § 9 paragraph 4 G v. 29.3.1951 I 225, 438; shall apply in Berlin in the original version not reproduced here (§ 3 paragraph 2 G v. 10.7.1958 114-2)