Law on the reunification and restructuring of the federal railways

Original Language Title: Gesetz zur Zusammenführung und Neugliederung der Bundeseisenbahnen

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Law on the reunification and restructuring of the Federal Railways (BundeseisenbahnneuOutline Act-BEZNG)

Unofficial table of contents

BEZNG

Date of completion: 27.12.1993

Full quote:

" BundeseisenbahnneuOutline gesetz vom 27. Dezember 1993 (BGBl. 2378; 1994 I p. 2439), which was last amended by Article 16 (14) of the Act of 19. October 2013 (BGBl. 3836).

Status:

Last amended by Art. 16 para. 14 G v. 19.10.2013 I 3836

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1994 + + +)

Title: Short description and abbreviation inserted by Art. 3 G v. 21.6.2002 I 2191 mWv 1.7.2002
The G was decided as Article 1 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994. Unofficial table of contents

§ 1 Merge of the Federal Railways

The federal railway assets under the name "Deutsche Bundesbahn" as non-legal assets as well as the special assets of the Deutsche Reichsbahn (Article 26 of the agreement) will become an ineligible special fund of the German Federal Railways (Bundesbahn). Federal government and managed by the federal government under the name "Bundeseisenbahnfortune" (Federal Railway assets). Unofficial table of contents

§ 2 Assets of the Federal Railway assets

Assets and rights as well as liabilities of the special assets of "Deutsche Bundesbahn" and "Deutsche Reichsbahn" mentioned in § 1 are assets and rights as well as liabilities of the Federal Railway assets. Unofficial table of contents

§ 3 Outline and tasks of the Federal Railway assets

(1) The Federal Railroad Capacity is divided into two areas:

1.: -the business sector; it includes the provision of rail transport services and the operation of railway infrastructure;
2.: Administrative area.

(2) The BundeseisenbahnAssets (BundeseisenbahnAssets) has the following tasks in particular

1.: fulfilment of the transfer obligations specified in section 20 (1) and (2);
2.: Exercise of the sovereign functions, which until the entry into force of this law have been exercised by the special assets referred to in § 1, until the establishment of the Federal Railway Office pursuant to § 2 para. 1 of the Act on the Federal Railway Administration of 27 December 1993 (BGBl. 2378, 2394),
3.: the administration of personnel, which according to § 12 (2) and (3) of the Deutsche Bahn Founding Act of 27 December 1993 (BGBl. 2378, 2386) of Deutsche Bahn Aktiengesellschaft,
4.: support for the management of the interest-bearing liabilities of the federal railway assets,
5.: the management and exploitation of the properties which are not necessary for the purposes of Section 20 (1).

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§ 4 Position in judicial and out-of-court traffic

(1) The federal railway assets may act, sue and be sued in legal transactions under its name. (2) The general place of jurisdiction of the federal railway assets shall be determined by the seat of the authority which, according to the provisions of Section 6 (6), The administrative order is to represent the federal railway assets in the lawsuit. Unofficial table of contents

§ 5 Liability of the Federal Government

(1) The federal railway assets are without prejudice to the assumption of the debt in accordance with § 1 para. 2 of the Debt German Borrowing Act of 21 June 1999 (BGBl. 1384) of the remaining assets of the Federal Government to keep its rights and liabilities separately. (2) The Federal Government is only liable for the liabilities of the Federal Railway assets with this property. The Federal Railway assets are not liable for the other liabilities of the Federal Government. (3) The Federal Republic of Germany is liable for the registration of the company to be established pursuant to Section 1 (1) (1) of the German Railways Act (Deutsche Bahn Founding Act) in the Commercial Register. Germany for the liabilities of the Federal Railway assets, with the exception of liabilities, existing at the time of registration, which are mentioned in Section 20 (1) Sentence 2. The first sentence shall apply in respect of liabilities which the Federal Railway assets are subject to in accordance with Section 17. Unofficial table of contents

§ 6 Administrative Structure

(1) The services of this special fund, which are in existence at the time of the consolidation of the special assets referred to in § 1, will be the services of the Federal Railway assets. The central offices and central offices in the central offices of the Deutsche Bundesbahn and the Deutsche Reichsbahn will be combined to form a federal railway assets office. (2) The Federal Railways ' assets will be (3) The President shall represent the Bundeseisenbahn assets in court and out of court, unless otherwise determined by the administrative order referred to in paragraph 6. (4) Federal railway assets are, as far as the administrative order is concerned, (5) The performance of the tasks of the federal railway assets is a public service. (6) The administrative organization of the federal railway assets after the registration of the Deutsche Bahn (German Railways) is otherwise Aktiengesellschaft in the Commercial Register is governed by an administrative order, to the extent that the Act on the Railway Administration of the Federal Government does not determine anything else. The administrative order, which the President sets up, requires the approval of the Federal Ministry of Transport, Building and Urban Development. Unofficial table of contents

§ 7 Human Resources

(1) The officials, employees and workers of the Federal Railways property are at the service of the Federal Government. The officials are federal officials. (2) The collective agreements for employees, manual workers and trainees, which are in force at the time of the merger in the case of the special assets referred to in § 1, apply until the entry into force of new collective agreements pursuant to paragraph 3. further. In so far as a collective agreement loses its validity at the time of the reunification without retroactive effect, the rights and obligations governed by the legal provisions of this collective agreement shall, until the entry into force of new collective agreements, be subject to the content of the affected persons. Labour relations. (3) The remuneration, wages and working conditions of employees, workers and trainees in the field of federal railway assets are governed by collective agreements which are to be concluded with the relevant trade unions. In so far as the agreements are suitable for their fundamental importance in influencing the design of the wage and working conditions in other branches of the Federal Administration, they are in agreement with the Federal Ministry of Transport, Construction and urban development, the Federal Ministry of Finance and the Federal Ministry of the Interior. The agreement shall be deemed to have been established if the Federal Ministry of Transport, Building and Urban Development has not decided within a period of one month, calculated from the receipt of the application for the conclusion of a collective agreement. (4) Federal Ministry of Transport, Building and Urban Development is authorized to apply to the officials who are in the Commercial Register officials of the Federal Railways assets in the time immediately prior to the registration of Deutsche Bahn Aktiengesellschaft and in accordance with § 12 (1), (2) and (3) of the German Railways Act (Deutsche Bahn Founding Act) on leave of absence or , by means of a legal regulation

1.: , in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, in accordance with section 26 (1) (1) of the Federal Civil Service Act (Bundesbeamtengesetz), to set up the career paths of federal railway assets independently and to make exceptions,
2.: , in agreement with the Federal Ministry of the Interior for the assigned officials, to enact special working-time regulations and, in doing so, regulations derogating from Section 88 of the Federal Civil Service Act concerning the obligation of officials to have regular In addition to the weekly working hours, the compensation of extra work must be taken,

(5) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of the Interior, by means of a decree-law without Approval of the Federal Council for the officials referred to in paragraph 4 the special provisions for the individual career paths (careers, training and examination regulations) in the appropriate application of Section 26 (1) No. 2 of the Federal Civil Service Act (Bundesbeamtengesetz) (6) The Federal Ministry of Transport, Building and Urban Development may, on a proposal The President of the Federal Railway Company, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, supplementary provisions concerning the travel and removal costs of the civil servants, which are provided by Deutsche Bahn Aktiengesellschaft in accordance with § 12 (2) and (3) of the German Railways Act (Deutsche Bahn Founding Act) are issued, insofar as the peculiar nature of the railway operation requires it. Unofficial table of contents

§ 8 Staff Committee

(1) At the latest three months after the registration in the Commercial Register of the joint stock company to be established in accordance with Section 1 (1) of the German Railway Founding Act, elections to the staff representatives and to the youth and the youth are to be found in the Federal Railway Assets Representation in the form of an image. The officials who are not assigned to Deutsche Bahn Aktiengesellschaft pursuant to § 12 of the German Railways Act (Deutsche Bahn) are entitled to vote and to be elected pursuant to § § 13, 14 and 58 of the German Federal Personalization Act (Deutsche Bahn) as well as the employees at the time of the Federal railway assets. (2) Until the re-election to the personnel representations referred to in paragraph 1, the following shall remain at the time of the breakdown of the business sector (Section 1 (1) of the German Railways (Deutsche Bahn Founding Act)) in the case of the Bundeseisenbahnassets remaining services existing local staff representatives transition in office. The members of the German Federal Railways (Deutsche Bundesbahn) and the main staff council of the Deutsche Reichsbahn form a joint main personnel council for the federal railway assets; previous members of the board are members of the board Members of the Board of Directors of the transitional staff council. (3) The chairpersons of the main personnel councils, which up to now have been with the German Federal Railways and the Deutsche Reichsbahn, invite immediately after the entry into force of this law to the first Meeting of the Joint Main Personality Council. In accordance with Section 32 (2) of the Federal Personalization Act, the election of the Chairman and his deputy shall be deemed appropriate. Deutsche Bahn Aktiengesellschaft is obliged to enable the members of the joint main staff council to exercise their rights and obligations without a reduction in the amount of the work pay. Until the re-election referred to in paragraph 1, the joint main staff council shall be the local staff council responsible for the service provided in accordance with section 6 (1) sentence 2. (4) For the youth and trainees ' representatives, the first sentence of the second sentence of paragraph 2 shall apply and the first half-sentence shall apply. as well as in the first, third and fourth sentences of paragraph 3; for the election of the Chairperson and his deputy, Section 60 (3) of the Federal Personalization Act shall apply. (5) The formation of electoral board members for the elections referred to in paragraph 1 shall be in good time, the time limit referred to in that case may be respected. Unofficial table of contents

§ 9 Representation of the severely disabled

(1) Section 8 (1) shall apply mutagentily to the elections to the severely disabled representatives in the area of the federal railway assets. (2) § 8 (2) sentence 1 shall apply mutagentily to the existing severely disabled representatives. The federal railway assets and the joint main staff council referred to in § 8 (2) sentence 2 shall jointly participate in the main disabled persons ' representatives of the German Federal Railways and the German Reichsbahn (German Reichsbahn). One of the two main disabled persons ' representatives alone is empowered to carry out the tasks and rights existing in accordance with the ninth Book of Social Law. Until the re-election in accordance with paragraph 1, the main severely disabled representatives of the German Federal Railways and the Deutsche Reichsbahn are also responsible for the office of disabled persons for the service provided pursuant to § 6 (1) sentence 2; sentence 3 applies accordingly. (3) In the case of the formation of the electoral heads for the new elections to the representatives of the severely disabled, Section 8 (5) shall apply mutagentily. The two main disabled persons ' representatives jointly appoint the electoral board for the re-election of the main disabled representation of the Federal Railways. Unofficial table of contents

§ 10 Executive

(1) The Federal Ministry of Transport, Building and Urban Development is the supreme service supervisor and supervisor of the President of the Federal Railways ' assets. The President is the chief official of the civil servants and managers of all officials, employees and workers of the Federal Railways assets. (2) The President of the Federal Railways assets is the supreme service authority. Civil servants ' decisions concerning federal civil servants with fixed salaries and salaries of the top grade of the grades of remuneration shall be taken in agreement with the Federal Ministry of Transport, Building and Urban Development in accordance with the conditions laid down in the Administrative order. The administrative order determines the posts, the occupation of which requires the approval of the Federal Ministry of Transport, Building and Urban Development. Unofficial table of contents

§ 11 Use on other posts

The President or the departments of the Federal Railway assets designated by him may use an official temporarily on another post of lesser assessment, leaving his official title and salary, if:

1.: service reasons in the federal railway assets, or
2.: service or company reasons in a company which is assigned to the official pursuant to Section 12 (2) and (3) of the Deutsche Bahn Founding Act,

it requires. The official reasons within the meaning of paragraphs 1 and 2 are those resulting from changes in the organization of the federal railway assets or of the company. Unofficial table of contents

§ 12 Rules on remuneration

(1) In the case of federal railway assets, the upper limits for transport offices permitted under Section 26 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) or the regulations of § 26 (4) (1) and (2) of the Federal Law on Transport Act (Bundesbesoldungsgesetz) may be assessed in accordance with the appropriate assessment. shall be exceeded in so far as this is necessary in order to avoid any deterioration in the conditions of transport as a result of the ongoing reduction in the staff of the Federal Railways ' assets. Overruns are permitted in any grade within the framework of an appropriate assessment. (2) § 18 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) is applicable with the proviso that equivalent activities at Deutsche Bahn Aktiengesellschaft as an amalgable Functions apply. § 11 shall remain unaffected. Unofficial table of contents

§ 13 Social welfare institutions

(1) The federal railway assets carry out the tasks of the former Federal Railways for its area of health insurance. (2) (omitted) (3) (omitted) (4) The responsibilities of the Bundesbahn-occupational health insurance fund and the Reichsbahn-operative health insurance company, also in the case of the association of the two cash registers to the railway company health insurance fund, extend to Deutsche Bahn Aktiengesellschaft. Unofficial table of contents

Section 14 Health care of civil servants of the Federal Railways

(1) The health care of the Federal Railways Officers as an occupational social institution of the German Federal Railways within the meaning of § 27 of the Federal Railways Act is closed with the entry into force of this law in its stock and will be carried out with the aim of settlement (2) The contribution to the health care of the Federal Railway Officers shall be calculated in accordance with § 28 of the Articles of Association for each calendar year after the date of the the table of contributions (Annex IV to the Statute) in the days preceding the entry into force of the provisions of this law, but on the basis of the version of the order of remuneration in force on the last day of the preceding calendar year A. The percentage of the contribution board shall be, taking into account the resulting sentence of the first sentence, Changes in average cost trends in general health care. This is the percentage which results from the comparison of the expenditure of the statutory health insurance to those of the previous year. The percentage resulting from the adjustment of contributions shall be subject to the contributor board

1.: for members with co-insured members, half the contribution rate of the pensioners of the railway insurance fund,
2.: for non-insured members, two-thirds of the above-mentioned contribution rate

(3) Changes in the rate of health care of the Federal Railways Officers or changes in the amount of reimbursable amount which shall be effected after the entry into force of this Act shall, in so far as these are not adaptations to the Federal State aid law, to the detriment of the insured. (4) Collective expenditure on the health care of the Federal Railways officials, which is provided by the grant of the federal government, which is determined on the basis of representative investigations (§ 27 of the Federal Republic of Germany). the statutes) and the contribution of the members as referred to in paragraph 2 shall not be covered, go at the expense of the federal government. If the grant corresponding to the aid changes due to changes in the state aid law, the contribution shall be adjusted accordingly. (5) Clinic and hospital fund for the health care of the Federal Railways Officers shall be completed by the end of the settlement referred to in paragraph 1 and then handed over to a social insurance institution (railway company health insurance fund, substitute railway insurance institution) for compensation for the value of the advertising. Unofficial table of contents

Section 15 Operating social services, self-help facilities

(1) The Federal Railways Insurance Office (Bundesbahnversicherungsanstalt Division B) as an occupational social institution of the previous special assets Deutsche Bundesbahn (Deutsche Bundesbahn) is continued in the BundeseisenbahnAssets (Federal Railway) as a railway insurance institution (B). However, the statutes of the Bundesbahnversicherungsanstalt Division B shall apply only to employees who are insured in the supplementary insurance of the Federal Railways Insurance Office (Bundesbahnversicherungsanstalt) prior to the combination of the special assets referred to in § 1. were. For the new employment and training conditions to be concluded from the date of the combination of the special assets referred to in § 1 in the case of federal railway assets, the supplementary insurance may be established at the Bahnversicherungsanstalt Division B. . Deutsche Bahn Aktiengesellschaft can take part in the Department B railway insurance institution. (2) The other occupational social institutions listed in the annex to this Act and the recognised self-help facilities of the Until now, the Federal Railways will be maintained for the federal railway assets and will be continued according to the principles of the present state. Appropriate amounts shall be provided for this purpose in the economic plan of the Federal Railways ' assets. To the extent that similar institutions of the Federal Administration are supported by the allocation of federal funds, the same principles are to be applied to the federal railway assets. (3) Deutsche Bahn Aktiengesellschaft can be used by the individual in the (4) After making statements by Deutsche Bahn Aktiengesellschaft concerning their participation or the recognition referred to in the fourth sentence of paragraph 1 and paragraph 3, the Federal railway assets, according to which principles the operational Social institutions and self-help institutions will be continued. (5) Will legally non-self-employed social institutions of the former Federal Railways become legally independent after the entry into force of the law on the reorganization of the railway system shall be exempted from the payment of taxes and charges on the occasion of the amendment of the legal form, including the costs of necessary transfers of ownership. (6) In October 2005, the supplementary insurance of the Bahnversicherungsanstalt Division B will be continued by the Deutsche Rentenversicherung Knappschaft-Bahn-See. Unofficial table of contents

Section 16 Economic governance

(1) The expenses of the federal railway assets not covered by own revenues shall be borne by the federal budget. (2) The Federal Railway assets shall establish an economic plan for each calendar year in good time before the start of the calendar year. The expected revenues and expenses are to be adjusted, in particular from the settlement of personnel costs in accordance with § § 21 and 22 of the Deutsche Bahn founding law as well as from the utilization of real estate. The economic plan shall also include an establishment plan. The economic plan shall be in balance in revenue and expenditure. The rules of the Federal Budget Regulations apply accordingly for the preparation and execution of the economic plan as well as for payments, accounting and accounting. (3) The economic plan requires the approval by the Federal Ministry for Economic Affairs and Development (BMI) of the Federal Budget. for transport, construction and urban development in agreement with the Federal Ministry of Finance. The same shall apply to substantial changes during the calendar year. Deviations in the establishment plan must always be approved by the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance. (4) The Federal Ministry of Transport, Building and Urban Development may with the consent of the Federal Ministry of Transport, Building and Urban Development. Federal Ministry of Finance allow federal railway assets to make unavoidable expenses for carrying out their tasks and for carrying out legally justified obligations, if the economic plan at the beginning of the new (5) dispositions of land and The Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance require the approval of the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance for the same rights, which in individual cases exceed 10 million Deutsche Mark. Unofficial table of contents

§ 17 School thirdcustomers

(1) The school durals of the Federal Railway assets are the same as the school durals of the federal government. § 5 (2) sentence 1 and (3) remains unaffected. (2) The debt of the Federal Railway assets shall be administered in accordance with the principles applicable to the administration of the general federal debt. Unofficial table of contents

Section 18 Annual accounts and reporting requirements

(1) At the end of each calendar year, the Federal Railroad Fund shall draw up the annual accounts for the special assets. The annual accounts must show the stock of the special assets, including the receivables and liabilities, as well as the receipts and expenses. (2) The Federal Railway assets are reported to the Federal Ministry for Transport, Building and Urban development annually on its activity, broken down by

1.: Personnel deployment and personnel costs,
2.: the management of liabilities;
3.: Exploitation of land.

(3) The Federal Railway Fund is obliged to provide the Federal Ministry of Transport, Building and Urban Development with information on request concerning the essential processes in the administration and economic management of the Federal Railways ' assets. Unofficial table of contents

§ 19 Budget and Auditing

The Federal Court of Auditors examines the budgetary and economic management of the Federal Railways ' assets. Part V of the Federal Budget Code shall be applied accordingly. Unofficial table of contents

Section 20 Transfer obligation of the Federal Railway assets

(1) The Federal Republic of Germany (BundeseisenbahnAssets) is entitled and obligated to the Deutsche Bahn Aktiengesellschaft, which is to be founded in accordance with Section 1 (1) of the German Railways (Deutsche Bahn Founding Act), from the stock of special assets "BundeseisenbahnAssets" (BundeseisenbahnAssets) to transfer all properties (land, parts thereof, rights of real estate, limited rights) and other assets to the extent that this is the case for the provision of rail transport services and for the It is necessary to operate the railway infrastructure (railway infrastructure). In addition, the liabilities of the Federal Railway assets secured by property rights to the property to be transferred are to be transferred to Deutsche Bahn Aktiengesellschaft. Under the conditions of § 26, Deutsche Bahn Aktiengesellschaft will be obliged to continue to transfer properties. (2) If properties belonging to the Federal Railways are not directly and exclusively railway-related, then the Federal Republic of Germany (BundeseisenbahnAssets) shall be entitled and obliged to transfer Deutsche Bahn Aktiengesellschaft such properties to the extent that the railway's necessity has been proven. Until the transfer in accordance with the first sentence, Deutsche Bahn Aktiengesellschaft shall be granted the properties free of charge for use with the proviso that the Federal Ministry of Transport, Building and Urban Development shall be responsible for changes in these properties. report. The details of an agreement between Deutsche Bahn Aktiengesellschaft and BundeseisenbahnAssets (German Railway Company), which are approved by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance (3) Non-railway properties, in particular the former Reichsbahn assets (stock assets) in Berlin (West), which are not used for business purposes, remain with the Federal Railways. (4) The Federal Republic of Germany guarantees that: that the sum of the amounts corresponding to § § 7 and 9 of the D-market balance law in the version of the Notice of 18 April 1991 (BGBl. 971, 1951), as last amended by Article 3 of the Law of 21 December 1992, (BGBl. I p. 2133) has been amended, and the railway properties assessed is at least five billion Deutsche Mark, with only the pure land value being taken into account. The guarantee does not extend to the real estate referred to in § 26. Section 9 (1), second sentence, of the D-market balance sheet must be applied in accordance with the condition that the value relationships are decisive on the closing date of the opening balance sheet of Deutsche Bahn Aktiengesellschaft. The guarantee shall be issued no later than 31 December 2001. (5) The guarantee provided for in paragraph 4 shall be lost if the sum of the properties transferred in accordance with § § 21 and 23 (1) sentence 1 and the properties transferred pursuant to section 23 (1) sentence 2, whereby only the pure The value of the land must be taken into account, which exceeds 5 billion Deutsche Mark. The guarantee shall be issued no later than 31 December 2001. Unofficial table of contents

Section 21 Capital Transition

The properties of the Federal Railway assets, which are directly and exclusively railway-necessary, pass to Deutsche Bahn Aktiengesellschaft with the date of their registration in the Commercial Register. Unofficial table of contents

§ 22 The power of disposal of Deutsche Bahn Aktiengesellschaft

(1) Deutsche Bahn Aktiengesellschaft is empowered to provide properties if the Federal Republic of Germany has federal railway assets, the Federal Republic of Germany special assets "Deutsche Bundesbahn", the Deutsche Reichsbahn, or any other German railway company. the legal persons of these railways listed in the Annex to this Act, in the land register as the owner or in the territory referred to in Article 3 of the Agreement, are still registered as the legal entities of the People ' s property is. In the context of the power of disposal, obligations may be entered into only in its own name, subject to the provisions of the Civil Code on representation. § 566 of the Civil Code applies accordingly. (2) The power of disposal of the owner of the property or of any other person entitled to dispose of the property is subject to the right to dispose of a property or building. remains unaffected. Legal transactions effected pursuant to paragraph 1 shall be deemed to be those of the person entitled to do so. Section 39 (1) of the Basic Code shall not apply. (3) The power of disposal referred to in paragraph 1 shall expire if, in the event of the rights referred to in paragraph 1, a transfer notification pursuant to section 23 has become enforceable and an application for such rights has been made. The basic accounts have been received by the relevant Land Registry under the apportioning of the date of the decision. Section 878 of the Civil Code shall be applied accordingly. The power of disposal shall continue to apply in the cases of the first sentence as empowered to make available, to the effect of which he shall have an effective duty, if, before the date referred to in the first sentence, the registration of a notice to secure the said (4) The properties sold pursuant to the provisions of the first sentence of paragraph 1, as well as the proceeds obtained in this case, must be communicated to the Federal Railways ' s assets. Deutsche Bahn Aktiengesellschaft is obliged to pay an amount equal to the proceeds, but at least equal to the value of the property, to the federal railway assets, if the object is the subject of a fully-enforceable (5) The appendix referred to in the first sentence of paragraph 1 may be amended by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Justice in order to ensure that the Legal guerrian of the Federal Republic of Germany Bundeseisenbahnfortune, der Bundesrepublik Germany's special assets "Deutsche Bundesbahn" or the Deutsche Reichsbahn (German Reichsbahn). Unofficial table of contents

Section 23 Determination of the transfer and transfer of the transfer

(1) The transfer of real estate from the federal railway assets pursuant to § 21 to Deutsche Bahn Aktiengesellschaft shall be determined by a transfer decision. By means of such a communication properties can also be transferred to Deutsche Bahn Aktiengesellschaft for the purpose of fulfilling the obligation referred to in § 20. The federal railway assets shall be issued on request of Deutsche Bahn Aktiengesellschaft or on its own account by the Federal Railways. In the cases referred to in the first sentence of Article 26 (1) of the agreement, a decision must be taken in accordance with the law on the allocation of assets. (2) The transfer notification shall be sent to the beneficiary after four weeks from the date of the notification. , if he does not apply for an arbitration procedure in accordance with § 24 in writing with the BundeseisenbahnAssets (BundeseisenbahnAssets). If properties are to be transferred by the surrender decision, these will be transferred to Deutsche Bahn Aktiengesellschaft with the entry of its enforceability on the part of Deutsche Bahn Aktiengesellschaft. In so far as the properties referred to in the surrender decision are situated in the territory referred to in Article 3 of the Agreement, the Federal Railway Fund shall have the President of the Oberfinanzdirektion, in whose territory the law is situated, a Copy of the transfer certificate to be sent. (3) The right to transfer is to be described in the handover letter in accordance with § 28 of the Basic Book Order. If only the part of a land is to be transferred, or if a designation in accordance with the first sentence is not possible, a map of the land can be added to the transfer decision, in the position and scope of the land and of the transferred part The card may not be less than 1 to 1000 in scale, in a manner which is coordinated with the supreme authority responsible for the management of the Liegenschaftskatasters (Land Authority). If the handover notification is provided with a map of the property, it serves as a substitute for the official list of land within the meaning of § 2 para. 2 of the basic book order until the survey is carried out. A grant is not required. (4) After the completion of the grant of the handover, the federal railway assets request the responsible basic office to correct the basic ledger according to the decision. In the cases referred to in the third sentence of paragraph 2, the President of the Oberfinanzdirektion may request the Land Registry to enter into a right of transfer of the right to an assignment entitled to the right of assignment. It is not necessary to specify the beneficiary from the prior notice. The notice may only be deleted if the President of the Oberfinanzdirektion agrees to this. Fees for the basic booking correction as well as the registration and deletion of the reservation are not collected in these cases. (5) The transfer or determination by the transfer decision replaces the assignment of the assets under Article 26 of the The provisions of the Agreement and the provisions of this Directive. Rights of third parties in respect of the transferred assets, in particular retransmission claims in accordance with the asset law, remain unaffected. Anyone who was able to demand correction of the basic book, including on the basis of a deviating asset allocation, before the transfer of the Federal Railways ' s property, may grant the beneficiary a legal status corresponding to the rectification. require. To the extent that rights have to be transferred, this can be done by handing over the federal railway assets. (6) Comparisons are permissible; if a comparison is concluded, a comparison of the same is obtained. Unofficial table of contents

Section 24 Arbitration

(1) At the request of Deutsche Bahn Aktiengesellschaft, an arbitration board shall decide:

1.: the extent to which the properties referred to in the transfer notification are to be carried out,
2.: Whether the rejection of the adoption of a transfer certificate with regard to a claimed property is lawful.

The arbitration board may also be called if the federal railway assets have not decided within a period of three months at the request of Deutsche Bahn Aktiengesellschaft without sufficient reason. In addition, Deutsche Bahn Aktiengesellschaft is not entitled to an appeal. (2) As far as the application is justified, the arbitration board decides by arbitration which properties are transferred to what extent. The award shall be entitled to a fully-fledgable transfer decision; § 23 (3) shall apply mutatically. (3) The Federal Ministry of Transport, Building and Urban Development shall be authorized, in agreement with the Federal Ministry of Justice, by means of a legal regulation in accordance with the provisions of the Tenth Book of Civil Procedure, to regulate the proceedings of the arbitral body and its occupation. This regulation also provides for the possibility of determining whether and to what extent remuneration is paid. Unofficial table of contents

§ 25 Administrative provisions

The Federal Ministry of Transport, Building and Urban Development shall, in agreement with the Federal Ministry of Finance, issue administrative provisions for the implementation of § § 20 to 24. Unofficial table of contents

§ 26 Transfer of real estate to third parties

(1) Deutsche Bahn Aktiengesellschaft is entitled and obliged to provide properties necessary for the implementation of local rail passenger transport services, at the request of a local authority or a concentration of local authorities. (Task carrier), the task of which is to secure an adequate transport service in local public transport under the regionalisation law of 27 December 1993 (BGBl. 2378, 2395), to the extent that this is necessary for the operation of the railway infrastructure (railway infrastructure). Article 20 (1), second sentence, shall apply in accordance with. (2) The condition for a claim for the transfer of the real estate pursuant to paragraph 1 is that:

-: the railway infrastructure is used exclusively or mainly for the purpose of rail passenger transport in the event of the claim for the transfer of the property,
-: the railways of the federal government are no longer prepared to provide transport services,
-: an agreement with task carriers on the provision of transport services on the railway infrastructure of the railways of the Confederation on the financing of the operation of the railway infrastructure has not been reached;
-: the task carrier shall guarantee the provision of transport services in the rail passenger transport sector for at least 15 years and the operation of the railway infrastructure for at least 30 years.

(3) The transfer of the real estate and the liabilities secured by real rights to these properties shall be effected by contract, which requires the approval of the Federal Ministry of Transport, Building and Urban Development. (4) The Otherwise, it is free of charge to transfer properties, unless Deutsche Bahn Aktiengesellschaft has made investments after the completion of the procedures in accordance with § § 22 to 24; in this case, the task carrier has the pro-rata depreciation and interest. (5) In the event of a dispute, it decides on the content of the contract, In particular the rights and obligations pursuant to § 20 (1) sentence 2 on the appeal of one of the parties to the arbitral tribunal provided for in the contract. (6) The contract referred to in paragraph 3 also provides for provisions on the return of the property to the Deutsche Bahn Aktiengesellschaft, if the task carrier does not guarantee the provision of transport services in the rail passenger transport sector for at least 15 years and the operation of the railway infrastructure for at least 30 years (7) For the transfer pursuant to paragraph 1 and the retransmission, § 11 para. 2 of the Deutsche Bahn founding law accordingly. Unofficial table of contents

§ 27 Application of regulations to affiliated companies

(1) § 7 para. 4, 5, § 11 No. 2, § 12 para. 2 and § 15 para. 1 sentence 4, paragraph 3 shall apply mutagenically to the companies affiliated with the German Railways (German Railways) Act pursuant to § 2 (1). In accordance with Section 3 (3) of the said Act, Sentence 1 shall apply with the proviso that the new legal entity exercises business activities within the meaning of Section 3 (1) (1) or (2) of the said Act. (2) The claims arising from § 20 (1) and (2) of the Act shall apply. 2 may only be transferred from Deutsche Bahn Aktiengesellschaft to companies which are affiliated with the German Railways (German Railways) Act pursuant to Section 2 (1) (1) of the German Railway Act. At the request of the recipient company, the fulfilment of these claims can be carried out in accordance with § § 23 and 24 by a decision of the Federal Railways ' assets. The affiliation of a property to the assets of Deutsche Bahn Aktiengesellschaft can also be determined in the case of dissociated companies by a transfer decision. Unofficial table of contents

Section 28 Transitional regime

(1) Until the registration of Deutsche Bahn Aktiengesellschaft in the commercial register, the federal railway assets shall be based on the existing administrative orders of the former Federal Railways, with the exception of the provisions relating to the Board of Directors, managed by the Board of Directors of these Railways. § 6 (3) and § § 10 and 11 shall apply accordingly. (2) The office of the Federal Railway assets referred to in § 6 (1) sentence 2 shall lead to the registration of the company the name "Main administration of the federal railway assets". (3) For the officials who are entitled, on the day before the entry into force of this Act, to the allowance referred to in point 7 of the preliminary observations relating to the Bundesbesoldung Regulations A and B or to point 3 of the preliminary observations relating to the Bundesbesoldung ordnung C, and which shall be: Entry into force of this law in federal railway assets or at the Federal Railways Office , or in accordance with Section 12 (2) in conjunction with Section 23 of the German Railways (German Railways) Act, the employment supplement shall be further granted. After the registration of Deutsche Bahn Aktiengesellschaft in the commercial register, these allowances are further granted, with the proviso that they will decrease by one quarter for each linear increase in remuneration. (4) With the entry into force of this law the offices of the members of the boards of directors of the former Federal Railways. (5) The claims of the task carriers pursuant to section 26 (1) shall also be directed against the company which, according to § 2 para. 1 of the Deutsche Bahn Founding Act Owner of the property in question. Unofficial table of contents

Section 29 Legal Regulations

Legal regulations under this law do not require the approval of the Federal Council. Unofficial table of contents

§ 30 dissolution of the federal railway assets

(1) The Federal Government is authorized to dissolve the federal railway assets at the earliest ten years after the entry into force of this Act and to carry out the tasks still performed by the Federal Government on the Federal Railway Authority, the Federal Ministry of Transport, Building and Energy. (2) The special staff representatives, youth and trainees ' representatives and severely disabled persons represented in accordance with § 17 of the German Railway Founding Act (Deutsche Bahn founding law) shall apply to: Resolution of the Bundeseisenbahnassets in accordance with paragraph 1 at the time of the the tasks of the federal railway assets are carried forward. Unofficial table of contents

Annex (to § 15 para. 2)

A.: Company social facilities of the former Federal Railways
1.: Bundesbahn-Sozialwerk (BSW)
2.: Railway social work of the DR (BSw-DR)
3.: Bundesbahn-Hausbrandversorgung (BHbv)
4.: Railway-Hausbrandversorgung (BHbv)
5.: Railways-Housing companies (EEC)
B.: Self-help facilities of the former Federal Railways
1.: Railway-Waisenhort (EWH)
2.: Bundesbahn-Agriculture (BLw)
3.: Railway-Agriculture (BLw-DR)
4.: Eisenbahner Sportvereine (ESV) Verband Deutscher Eisenbahner-Sportvereine e.V. (VDES)
5.: Bundesbahn-Zentralstelle Against the Alcohol Hazards (BZAL)
6.: DEVK Deutsche Eisenbahn VersicherungLebensversicherungsverein a.G. DEVK Deutsche Eisenbahn VersicherungSach-und HUK-Versicherungsverein a.G.
7.: Eisenbahner-Baugenossenschaften (EBG)
8.: Sparda-Banks, Association of the Sparda Banks

Unofficial table of contents

Annex (to section 22 (1))

Right-of-Law
German Reich Reichseisenbahnfortune