Law On Measures To Maintain The Operation Of The Railway Companies Of Public Transport

Original Language Title: Gesetz über Maßnahmen zur Aufrechterhaltung des Betriebs von Bahnunternehmen des öffentlichen Verkehrs

Read the untranslated law here: http://www.gesetze-im-internet.de/bahng/BJNR200910934.html

Law on measures to maintain the operation of the railway companies of public transport BahnG Ausfertigung date: 07.03.1934 full quotation: "law on measures to maintain the operation of the railway companies of public transport in the in the Federal Law Gazette Part III, outline number 932-1, adjusted version published recently by article 101 of the law of December 8, 2010 (BGBl. I p. 1864) has been changed" stand: last amended by article 101 G v. 8.12.2010 I 1864 for more information on the stand number you see in the menu see remarks footnote (+++ text proof validity) from: 1.1.1964 +++) input formula the Government has decided the following Act is hereby announced: § 1 the operation of railway companies of public transport may be restricted only with approval of the supervisory authority or shut down. This is true also in the insolvency proceedings over the assets of the railway owner.

§ 2 in the insolvency proceedings over the assets of a car owner of who operates railway companies of public transport, can the required under section 160 of the Insolvency Act approval of the creditors Committee or meeting of creditors on request of the insolvency administrator or the trustee is replaced by the supervisory authority loan to continue of operating, should be included if 1 single or all railway companies Freehand should be sold, 2.

§ 3 (1) the forced sale of immovable items, which are dedicated to the operation of a railway company of for public transport, should be performed until the expiry of the operating permit of the railway company only with the consent of the supervision authority. Until the expiry of the operating licence, or until the issuance of the consent the foreclosure, even if it is arranged according to this law came into force, is temporarily set.
(2) the roadbed and the remaining land, which are intended to serve the purposes of the railway undertaking always directly or indirectly apply as immovable objects dedicated to the operation of the railway undertaking.
(3) a foreclosure pursuant to paragraph 1 is for the time being, so starts in § 31 para 2 of the foreclosure law envisaged deadline at the time at which the setting ends pursuant to paragraph 1 of this article.
(4) landesgesetzliche rules on the treatment of land dedicated to a railway company of for public transport and other assets as a railway unit contain special provisions for the gratification of this railway unit, the attachment of immovable items, which are dedicated to the operation of a railway company under these provisions regulations depends.

§ 4 (1) is the recycling of pledged or mentioned to secure resources by railway companies of public transport until the expiry of the operating licence granted to the railway company only with the consent of the supervisory authority allowed.
(2) for the enforcement in resources when the provisions of the Act relating to the inadmissibility of the seizure of railway travel resources in the Federal Law Gazette Part III, outline number 310-11, bewendet-adjusted version published by article 19 of the Act of 5 October 1994, (Federal Law Gazette I p. 2911) has been changed.

§ 5 (1) supervisory authority within the meaning of this Act is the land transport authority for supervision.
(2) a railway affect the territory of several countries, which meets pursuant to section 5 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) supervisory authority decisions in consultation with the supervisory authorities of the involved countries. The same applies if more railways operates the railway owners in other countries.
Footnote sections 5, 7: IdF d. § 9 para 4 G v. 29.3.1951 I 225, 438; apply in Berlin in the original not reproduced here (§ 3 par. 2 G v. 10.7.1958 114-2) section 6 - section 7 the Federal Government shall adopt the regulations necessary for the implementation of the law with the consent of the Federal Council.
Footnote sections 5, 7: IdF d. § 9 para 4 G v. 29.3.1951 I 225, 438; apply in Berlin in the original not reproduced here (§ 3 par. 2 G v. 10.7.1958 114-2)