The Merging And Reorganization Of The Federal Railways Act

Original Language Title: Gesetz zur Zusammenführung und Neugliederung der Bundeseisenbahnen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bezng/BJNR237810993.html

Act on the merger and reorganization of the Federal Railways (Federal Railways Restructuring Act - BEZNG) BEZNG Ausfertigung date: 27.12.1993 full quotation: "Federal Railways Restructuring Act of 27 December 1993 (Federal Law Gazette I p. 2378;)" (1994 I S. 2439), last by article 16 paragraph 14 of the law of October 19, 2013 (BGBl. I S. 3836) is changed "stand: last amended by art. 16 para 14 G v. 19.10.2013 3836 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from: 1.1.1994 +++) heading: short name and letter abbreviation inserted by article 3 G v. 21.6.2002 2191 mWv 1.7.2002 the G was as article 1 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) of the Bundestag decided with the consent of the Federal Council. It is accordance with art. 11 para. 1 sentence 1 of this G on the 1.1.1994 entered into force.

§ 1 merger of the federal railways the federal railway assets managed under the name "Deutsche Bundesbahn" as not equal rights Fund and the Fund become a not legal funds of the Federal German Reichsbahn (article 26 of the Unification Treaty) merged and managed by the Federal Government under the name "Federal railway assets".

Section 2 of the federal railway assets assets assets and rights and liabilities of the Fund "Deutsche Bundesbahn" referred to in paragraph 1 and "Deutsche Reichsbahn" are assets and rights and liabilities of the federal railway assets.

§ 3 divisions and tasks of the federal railway assets (1) federal railway assets is divided into two areas: 1 business area; It includes the provision of railway transport services, as well as the operation of railway infrastructure;
2. administrative area.
(2) the federal railway assets has in particular the following tasks: 1 performance in § 20 para 1 and 2 specific transfer obligations, 2nd sovereign duties, which are been perceived until the construction of the railway Federal Office pursuant to section 2 para 1 of the law on rail transport management of the Federal Government of 27 December 1993 until the entry into force of this Act of the funds referred to in article 1 (Federal Law Gazette I p. 2378) , 2394), 3. the administration of personnel, which in accordance with article 12, paragraph 2 and 3 of the Deutsche Bahn founding law of 27 December 1993 (BGBl. I p. 2378, 2386) the Deutsche Bahn Aktiengesellschaft is assigned 4. support the management of zinspflichtigen liabilities of federal railway assets, 5. the management and exploitation of real estate that are not essential to railway within the meaning of § 20 para 1.

§ 4 position in judicial and extrajudicial transactions (1) the federal railway assets can in legal relations under his acting name, sue and be sued.
(2) the General place of jurisdiction of the federal railway assets is determined by the seat of the authority which administrative regulations referred to is called after the § 6 paragraph 6, to represent the federal railway assets in the lawsuit.

§ 5 liability of the Federal Government (1) is the federal railway assets notwithstanding the guilt with acquisition pursuant to section 1 para 2 of the debt with Takeover Act of 21 June 1999 (Federal Law Gazette I p. 1384) to keep separately from the other assets of the Federal Government, its rights and liabilities.
(2) the Federal Government only with this capacity shall be liable for the liabilities of the federal railway assets. The federal railway assets is not liable for the other liabilities of the Federal Government.
(3) from the registration of the company to be of the Deutsche Bahn founding act pursuant to section 1 para 1 in the commercial register on the Federal Republic of Germany for the existing at the time of the registration of liabilities of the federal railway assets with the exception of the liabilities listed in article 20, paragraph 1, sentence 2 shall be liable. Sentence 1 shall apply accordingly for liabilities which enters the federal railway assets pursuant to clause 17.

Section 6 administrative structure (1) at the time of the services of this Fund existing merge the funds referred to in article 1 are departments of the federal railway assets. Summarizes the main administrations existing in the headquarters of the Deutsche Bundesbahn and the Deutsche Reichsbahn and associated centres to a Department of the federal railway assets.
(2) the federal railway assets administered subject to the provisions in article 28 under the direction of a President.
(3) the President represents the federal railway assets and out of court, if not the administrative regulations determine otherwise pursuant to paragraph 6.
(4) services of the federal railway assets are, the administrative regulations unless otherwise permitted pursuant to paragraph 6, federal authorities.
(5) the fulfilment of the tasks of the federal railway assets are public services.
(6) in the other the administrative organisation of the federal railway assets is governed after the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register through an administrative order, unless the law of the federal railway administration States otherwise. The administrative order, which prepares the President, requires the approval of the Federal Ministry for transport, building and urban development.

§ 7 the officers, employees and workers of the federal railway assets are in the service of the Federal human resources (1). Federal officials are the officials.
(2) continue to apply at the time of the collective agreements existing merge in the funds referred to in § 1 for the employees, workers and apprentices up to the entry into force of new agreements pursuant to paragraph 3. Unless a collective agreement at the time of the merge without legacy loses its validity, rights regulated by law of this collective agreement and obligations to the entry into force of new collective bargaining agreement are content of affected employment.
(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 conclude with the competent trade unions. As far as the agreements are suitable because of its fundamental importance, to influence the design of wage and working conditions in other branches of the Federal Administration, they are in agreement with the Federal Ministry of transport, building and urban development, to complete the Federal Ministry of finance and the Ministry of the Interior. The agreement is considered to be manufactured, if the Ministry has calculated from the receipt of the request to conclude of a collective agreement for transport, building and urban development not within a period of one month, decided.
(4) the Federal Ministry of transport, building and urban development is authorized, for the officials, who are officials of the German federal railway assets at the time immediately before the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register, and in accordance with article 12, paragraph 1, 2 and 3 of the German suspended train founding act to this society or you are assigned to, by regulation 1 in agreement with the Federal Ministry of the Interior and the Federal Ministry of finance in accordance with section 26 para 1 No. 1 of the federal civil servants Act the careers with the federal railway assets independently to design and to make exemptions, special working time rules to adopt 2. in agreement with the Federal Ministry of the Interior for the assigned officers and to meet different regulations about the obligation of officials to do service, beyond the regular weekly working hours and compensation of overtime, insofar as it by the nature of the operation of the railway in this society founded by section 88 of the federal civil servants act is.
(5) the Federal Ministry of transport, building and urban development is authorised to adopt the special rules for the individual careers (career, educational and examination regulations) by way of analogous application of § 26 para 1 No. 2 of the federal civil servants act in agreement with the Federal Ministry of the Interior by means of an Ordinance without the consent of the Federal Council for the officials referred to in paragraph 4.
(6) the Federal Ministry of transport, building and urban development may adopt additional provisions on the travel and moving expenses of officials who are assigned to the Deutsche Bahn Aktiengesellschaft pursuant to § 12 para. 2 and 3 of the Deutsche Bahn founding act, on proposal of the President of the federal railway assets in agreement with the Federal Ministry of the Interior and the Federal Ministry of finance, insofar as it requires the nature of operation of the railway.

Section 8 staff (1) not later than three months after the registration of the joint-stock company in the commercial register to the Deutsche Bahn of founding act pursuant to section 1 para 1 elections for staff representatives, as well as to the youth and trainee representatives held the federal railway assets. The officials, who are assigned to not the Deutsche Bahn Aktiengesellschaft pursuant to § 12 of the Deutsche Bahn founding act and the workers at the federal railway assets are entitled to vote and can be selected according to the sections 13, 14 and 58 of the Federal staff representation Act.
(2) up to you remain transitional in the Office at the time of the local staff committees existing carve-out of the entrepreneurial area (§ 1 para 1 of the Deutsche Bahn founding act) with the services remaining in the area of federal railway assets elections for staff representatives referred to in paragraph 1. The members of the German federal railway and the main staff Board at the Deutsche Reichsbahn a common main personnel Council the federal railway assets; form transitional previous Board members are members of the Board of management of the transitional skilled main personnel Council.
(3) the Chairman of the main personnel board so far at the Deutsche Bundesbahn and the Deutsche Reichsbahn invite without delay after the entry into force of this Act to the first meeting of the Joint Council of the main staff. § 32 para 2 of the Federal staff representation Act applies to the election of the Chairman and his Deputy. The Deutsche Bahn Aktiengesellschaft is obliged to allow the exercising of their rights and obligations without a reduction of the remuneration of the Joint Council of the main staff members employed by her. Until new elections pursuant to paragraph 1, the common main personnel Council as the local staff Committee is responsible for the services made after section 6, subsection 1, sentence 2.
(4) 1 and 2 first half-sentence and paragraph 3 shall apply for the youth and trainee representatives paragraph 2 set set 1, 3 and 4 according to; for the election of the Chairman and his Deputy corresponds to article 60 par. 3 of the Federal staff representation Act applies.
(5) the formation of the selection board members for the election referred to in paragraph 1 has to be that the deadline there cannot be met in time.

§ 9 severely disabled representation (1) § 8 paragraph 1 shall apply mutatis mutandis for the elections to the hard disabled representatives in the area of federal railway assets.
(2) section 8, paragraph 2, sentence 1 applies to the existing representatives of difficult for handicapped persons. The federal railway assets and the common main personnel Council referred to in section 8, paragraph 2, sentence 2 shall have together to participate in the existing Imperial railway Deutsche Bundesbahn and the Deutsche main hard representatives for handicapped persons. Also one of the two main heavy disability agencies is only entitled to the performing of the tasks after the ninth existing book social law and rights. Until new elections referred to in paragraph 1 the existing Imperial railway Deutsche Bundesbahn and the Deutsche main heavy disability represents as severely disabled representation is also responsible for the services made after section 6, subsection 1, sentence 2; Sentence 3 shall apply accordingly.
(3) for the formation of the selection board members for the new elections to the heavy representation of disabled, § 8, subsection 5 applies accordingly. Together, the two main heavy disability agencies order the Election Committee for the election of the main heavy disability representation in the federal railway assets.

§ 10 supervisors (1) the Federal Ministry of transport, building and urban development is top service supervisor and supervisor of the President of the federal railway assets. The President is the Supreme service supervisor of officials and supervisor of all officials, employees and workers of the federal railway assets.
(2) the President of the federal railway assets is supreme administrative authority. Officers of federal officials with fixed salaries and salaries of top grade of pay systems judgments of administrative regulations in agreement with the Federal Ministry of transport, building and urban development in accordance with. The management determined the post, whose filling the approval of the Federal Ministry for transport, building and urban development needs.

§ 11 use on other posts of President or that he specific departments of federal railway assets can use an officer temporarily on an another post of lower rating while leaving its official designation and its remuneration, if 1 official reasons for the federal railway assets or 2 business or operational reasons at a company officer in accordance with article 12, paragraph 2 and 3 of the Deutsche Bahn founding act is assigned to the that require it. Official reasons within the meaning of points 1 and 2 are those arising from changes in the Organization of the federal railway assets or the company.

§ 12 Besoldungsrechtliche regulations (1) the federal railway assets to Nos. 1 and 2 of the federal salaries Act be exceeded allowable limits for transport offices according to § 26 para 1 of the federal salaries Act or the regulations to section 26 para 4 in accordance with proper assessment, insofar as this is necessary to avoid deterioration of the transport conditions as a result of ongoing reduction of staff at the federal railway assets. Transgressions are allowed in each grade in the proper evaluation.
(2) section 18 of the federal salaries Act shall apply with the proviso that equivalent activities at the Deutsche Bahn Aktiengesellschaft considered to be Office-appropriate functions. § 11 shall remain unaffected.

§ 13 legal social facilities (1) which leads federal railway assets for his range in the field of health insurance continue the tasks of the existing federal railways.
(2) (dropped out) (3) (dropped out) (4) the powers of the federal railway company health insurance, as well as the Reichsbahn - company health insurance, in case of the Union of the two funds to the railway company health insurance, extend itself on the Deutsche Bahn Aktiengesellschaft.

§ 14 health of officials of the German federal railway assets (1) the health insurance of Federal rail officials as operational facilities of the Deutsche Bundesbahn in the sense of § 27 of the Bundesbahngesetzes is closed with the entry into force of this Act in its fleet and is aiming at the settlement in the form of a public corporation existing pursuant to articles of Association and collective bargaining continued.
(2) the contribution to the health of Federal rail officials calculated according to § 28 of the articles of Association for each calendar year after the post sign (annex IV of the Statute) as amended on the day before the entry into force of this law, but on the basis of A salary order amended on the last day of the previous calendar year. The percentage to the post table is, taking into account the from sentence 1 resulting changes to adapt the development of average costs in general health care. The percentage resulting in the comparison of expenditure of the statutory health insurance scheme to which the respective previous year is decisive for this purpose. The percentage resulting from the premium adjustments shall not exceed 1 for members the half rate of contribution of pensioners of the railway company health insurance, 2 for members without additional insured members two thirds of the aforementioned contribution rate to the post Board with co-insured family members.
(3) rate changes of the health of Federal rail officials or changes in terms of the total reimbursable amount that occur after entry into force of this Act, go as far as it is not adjustments to the State aid rules of the Federal Government, at the expense of the insured.
(4) rate the health of federal railway officials who are not covered by the on the basis of representative studies aid equivalent calculated subsidy of the Confederation (article 27 of the Statute) and the contribution of the members expressed pursuant to paragraph 2, spending at the expense of the Federal Government. Changes the corresponding aid grant on the basis of changes of State aid law, is the contribution accordingly.
(5) hospital and clinic Fund of the healthcare of Federal rail officials are continued up to the end of the processing referred to in paragraph 1 and then passing a social security institution (railway company health insurance fund, as a substitute car insurance) against compensation.

§ 15 operational social facilities, self-help institutions (1) which is federal railways insurance institution Department B as operational facilities of the existing Fund of Deutsche Bundesbahn continued the federal railway assets as car insurance Department B. The statutes of the federal railways insurance institution applies section B only to workers, that Department B was insured before the merge of the funds referred to in article 1 in the insurance of the federal railways insurance institution. For new work to be concluded from the time of the merger of the funds referred to in § 1, the federal railway assets and training conditions, the additional insurance at the car insurance company can be established Department B. The Deutsche Bahn Aktiengesellschaft can participate in Department B on the car insurance company.
(2) the remaining operational social institutions listed in the annex to this law and the recognized self-help institutions of the existing federal railways are maintained for the scope of the federal railway assets and continued after the previous principles. For this purpose, adequate amounts are provided in the economic plan of the federal railway assets. As far as similar facilities of the Federal Administration are supported by allocation of federal funds, the same principles to be applied for the federal railway assets.
(3) the Deutsche Bahn Aktiengesellschaft can recognize the individual in the appendix to paragraph 2 listed facilities or to participate in them.
(4) after submission of statements of Deutsche Bahn Aktiengesellschaft on their participation or the recognition referred to in paragraph 1 sentence 4 and paragraph 3 is the federal railway assets in which principles the occupational social institutions and self-help institutions continue.
(5) are legally dependent operational facilities of the existing federal railways is legally independent after entry into force of the Act on the reorganization of the railways, these are exempt from the payment of taxes and charges on the occasion of the change of legal form including the costs for necessary transfer of ownership.
(6) from 1 October 2005, the additional insurance of the car insurance company will continue Division B of the Deutschen Rentenversicherung Knappschaft-Bahn-see.

§ 16 economic management (1) the expenses of the federal railway assets covered not by their own revenues are taken from the federal budget.
(2) the federal railway assets in time prepares a management plan for each calendar year before the beginning. In it, the expected revenues and expenses are set, in particular from the settlement of personnel costs according to sections 21 and 22 of the Deutsche Bahn founding act, as well as from the exploitation of real estate. The business plan includes also an establishment plan. The business plan is to balance revenue and expenditure. For the preparation and execution of the business plan, as well as for the payments, accounting and financial reporting the provisions of the federal financial regulation shall apply mutatis mutandis.
(3) the business plan requires the approval of the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of finance. The same applies to significant changes during the calendar year. Deviations in the establishment always need to 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 can allow with the consent of the Federal Ministry of finance, that the federal railway assets has unavoidable expenditure to carry out its tasks and obligations legally justified, when the business plan at the beginning of the new calendar year is still not approved.
(5) disposals of land and land rights, the value of which exceeds 10 million deutsche mark, in some cases require the approval of the Federal Ministry for transport, building and urban development and the Federal Ministry of finance.

§ 17 of debt instruments (1) the debt instruments of the federal railway assets are equal the federal debt certificates. Section 5, paragraph 2, sentence 1 and paragraph 3 shall remain unaffected.
(2) the debt of the federal railway assets are managed according to the principles applicable for the management of the overall federal debt.

Article 18 financial statements and reporting obligations (1) the federal railway assets is at the end of each calendar year on the financial statements for the Fund. The financial statements must indicate the inventory of assets including the assets and liabilities and demonstrate that revenue and expenditure.
(2) the federal railway assets reports 2. management of liabilities, 3. exploitation of land the Federal Ministry of transport, building and urban development each year on its activities, divided into 1 personnel and personnel costs.
(3) the federal railway assets is obliged to provide information about the main processes in the Administration and management of the federal railway assets the Federal Ministry of transport, building and urban development upon request.

§ 19 budget and auditing the Bundesrechnungshof examines the budgetary and economic management of the federal railway assets. Part V of the federal financial regulation is to be applied accordingly.

Article 20 transmission obligation of federal railway assets (1) the Federal Republic of Germany (federal railway assets) is entitled and obliged to transfer all properties (land, leasehold rights and limited rights in rem, parts thereof), as well as other assets of the Deutsche Bahn of founding act pursuant to section 1 para 1 to Deutsche Bahn Aktiengesellschaft from the holdings of the Fund "Federal railway assets", extent necessary (railway necessary) for the provision of railway transport services, as well as for the operation of the railway infrastructure. In addition, not zinspflichtigen liabilities, as well as the are to be transferred by rights in rem on the liabilities of the federal railway assets on the Deutsche Bahn Aktiengesellschaft secured to transferring property. The Deutsche Bahn Aktiengesellschaft is obliged to transfer property under the conditions of section 26.
(2) related properties are to the federal railway assets not directly and exclusively necessary for rail the Federal Republic of Germany (federal railway assets) is entitled and obliged to transfer such property as is the need to train the Deutsche Bahn Aktiengesellschaft. Until the transfer in accordance with sentence 1 the Deutsche Bahn Aktiengesellschaft receives free of charge for use with the proviso, to report to the Federal Ministry of transport, building and urban development on changes to these properties the properties. The further lays down an agreement between Deutsche Bahn Aktiengesellschaft and the federal railway assets, which requires the approval of the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of finance.
(3) no car necessary properties, in particular the serving non-company purposes former Reichsbahn assets (inventories) in Berlin (West), remain with the federal railway assets.
(4) guaranteed the Federal Republic of Germany, that the sum which according to paragraphs 7 and 9 of the D-Mark balance sheet act as amended by the notice of 18 April 1991 (BGBl. I p. 971, 1951), most recently by article 3 of the Act of 21 December 1992 (BGBl. I S. 2133) has been modified, mark is at least 5 billion German rated railway necessary properties, where only the pure land value is taken into account. The warranty does not cover the property referred to in section 26. § 9 para 1 sentence 2 of the D-Mark balance Act is with the provision according to apply, that the value of conditions at the date of the opening balance sheet of the Deutsche Bahn Aktiengesellschaft are decisive. The warranty expires at the latest on 31 December 2001 (5) that this warranty is void under paragraph 4 If the sum of according to sections 21 and 23 para 1 sentence 1 flowed and the properties transferred to article 23, paragraph 1, sentence 2, taking into account only the pure land value, 5 billion deutsche mark exceeds. The guarantee expires at the latest on 31 December 2001.

§ 21 asset transition properties of the federal railway assets, which are directly and exclusively train necessary on the Deutsche Bahn Aktiengesellschaft with the date of its registration in the commercial register go over.

Article 22 of right of disposal of the Deutsche Bahn Aktiengesellschaft (1) the Deutsche Bahn Aktiengesellschaft is empowered to dispose of real estate, if the Federal Republic of Germany federal railway assets, the Federal Republic of Germany is already Fund "Deutsche Bundesbahn", the Deutsche Reichsbahn or one of the legal predecessors of the railways in the land register as an owner or in-kind justified or in the area referred to in article 3 of the Unification Treaty as a legal entity of public property listed in the annex to this law. Obligations subject to the provisions of the Civil Code concerning representation only in its own name may be entered into in the context of the right of disposal. Ownership of a plot of land or a building is left in the context of the right of disposal, article 566 of the Civil Code shall apply mutatis mutandis.
(2) the power of disposal of the owner of the land or of other designated shall remain unaffected. Transactions made on the basis of paragraph 1 is considered to be those of the person entitled. Article 39, paragraph 1, the land registry regulations does not apply.
(3) the power of disposal ends referred to in paragraph 1, if in consideration of the rights referred to in paragraph 1 a transfer decision has become enforceable according to § 23 and entered a request for appropriate correction of land enclosing of the notification the competent land registry office. section 878 of the Civil Code shall apply accordingly. The Verfügungsbefugte applies in the cases of sentence 1 continue as authorized to make an order, to whose execution he effectively has committed if a flag to secure this claim in the land registry the registration has been applied for before the date referred to in sentence 1.
(4) that are set 1 sold real estate as well as the revenue it achieved on the basis of orders pursuant to paragraph 1 to inform the federal railway assets. The Deutsche Bahn Aktiengesellschaft is required, amount of the proceeds, but at least in the amount of the value of the asset to pay off the federal railway assets, if the object is mapped to it by an executable decision of handing over.
(5) in paragraph 1 1 called plant can set by Decree of the Federal Ministry for traffic, construction and in agreement with the Federal Ministry of justice be changed urban development, to another legal predecessors of the Federal Republic of Germany federal railway assets, to include the Federal Republic of Germany Fund "Deutsche Bundesbahn" or the Deutsche Reichsbahn.

Article 23 determination of transition and making the transfer (1) the transition of real estate from the federal railway assets on the basis of § 21 on the Deutsche Bahn Aktiengesellschaft is determined by a passing notice. By such a ruling real estate also to comply with the obligation referred to in article 20 may be transferred on the Deutsche Bahn Aktiengesellschaft. The federal railway assets at the request of Deutsche Bahn Aktiengesellschaft or of its own motion adopt the transfer decision. In the cases of referred to in article 26 paragraph 1 set is 2 of the Union Treaty to decide according to the law of asset mapping by mapping decision.
(2) the transfer decision is enforceable after the expiration of four weeks from its notification to the beneficiary, if this beforehand in writing requested arbitration from the federal railway assets under section 24. When real estate should be transferred by the transfer decision, this pass admission its enforceability on the Deutsche Bahn Aktiengesellschaft. As far as the estates referred to in the notice of transfer in the area referred to in article 3 of the Unification Treaty are situated, the federal railway assets has the President of the regional finance Office, in whose territory the right is situated, to send a copy of the delivery notification.
(3) in the notice of transfer is the right to be transferred in accordance with § 28 of the land order. Only a part of a parcel of land to be transferred or a label according to sentence 1 is not possible, so a plot map can be added to the delivery notification, in the location and extent of the land and of the transferred portion be graphically displayed and referred to in a manner agreed with the top country authority responsible for the management of the real estate cadastre; the card must not be less than 1 to 1000 scale. If the transfer notice with a plot map is provided, this serves as a substitute for the official directory of land within the meaning of section 2 para 2 of the land order until the measurement is performed. An approval of Division of is not required.
(4) after the occurrence of the enforceability of the transfer decision, the federal railway assets invites the competent land registry order rectification of the land register according to the decision. In the in paragraph 2 sentence 3 cases the President of the regional finance Office of the land registry, may ask to wear a flag on transfer of the right to a map entitled the right. An indication of the beneficiaries of the flag is not required. The flag must be deleted only if the President of the regional finance Office agrees. Fees for the rectification of the land register and the registration and deletion of entries in the file is not applicable in these cases.
(5) the transfer or assessment by delivery notice replaces the assignment of assets according to article 26 of the Unification Treaty and comparable provisions. Rights of third parties in relation to the transferred asset, in particular feedback transfer claims under the property Act, shall remain unaffected. Who could ask for rectification of the land register on the basis of a different asset allocation, also before the transfer of the federal railway assets, may require the granting of one of amending appropriate legal status of the beneficiary. As far as these rights must be transferred, this can be done by handing over ruling of the German federal railway assets.
(6) comparisons are allowed; closes a comparison, a decision corresponding to the comparison has been made.

§ Decides 24 Arbitration Board (1) at the request of Deutsche Bahn Aktiengesellschaft an arbitration about, 1, 2. to what extent the estates referred to in the notice of transfer required railway whether the rejection of the Decree of a transfer decision with respect to a claimed property is legitimate.
The Arbitration Board can also be called when the federal railway assets at the request of Deutsche Bahn Aktiengesellschaft without sufficient reason is not decided within a period of three months. In addition an appeal is not available to the Deutsche Bahn Aktiengesellschaft.
(2) if the application is well founded, the Board of arbitration decides by arbitration, which properties to what extent be transferred. The arbitration award shall be equivalent to an executable passing notice; § 23 para 3 shall apply mutatis mutandis.
(3) the Federal Ministry of transport, building and urban development is authorized to regulate the procedure of the Arbitration Board and their occupation by regulation in accordance with the rules of the tenth book of the code of civil procedure in agreement with the Federal Ministry of Justice. This legal regulation can be adjusted also, whether and to what extent a remuneration is paid.

Article 25 administrative provisions administrative provisions for the implementation of articles 20 to 24 the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of Finance shall adopt.

Article 26 transfer of property to a third party (1) Deutsche Bahn Aktiengesellschaft is entitled and obliged for the implementation of local passenger services necessary premises at the request of a local authority or an Association of local and regional authorities (authorities), whose tasks securing a reasonable transport service in the public passenger transport according to the Regionalisierungsgesetz of 27 December 1993 (Federal Law Gazette I p. 2378, 2395) belongs to transfer, as far as this is necessary (railway necessary) for the operation of the railway infrastructure. Article 20, paragraph 1, sentence 2 shall apply accordingly.
(2) a prerequisite for entitlement to transfer the property referred to in paragraph 1 is that - the railway infrastructure at claim on transfer of properties exclusively or mainly for purposes of the local passenger services used, - the railways of the Federation to the provision of transport services are no longer willing, not concluded an agreement with task sources through the provision of transport services on the railway infrastructure of the railways of the Federation on the financing of the operation of the railway infrastructure as well as - the authorities in the provision of transport services in rail passenger transportation for at least 15 years and the operation of the railway infrastructure, for at least 30 years guaranteed.
(3) the transfer of real estate, as well as the liabilities secured by rights in rem on these properties is done through Treaty, which needs the approval of the Federal Ministry for transport, building and urban development.
(4) the tenements are indeed free to transfer, unless the Deutsche Bahn Aktiengesellschaft has invested after completion of the procedures under articles 22 to 24; in this case, the authorities has to accept the prorated depreciation and interest.
(5) in the event of a dispute, one of the Parties decides the content of the Treaty, in particular on the rights and duties according to § 20 para 1 sentence 2 to appeal the arbitration to be specified in the contract.
(6) in the contract pursuant to paragraph 3, also rules on the retransfer of the properties on the Deutsche Bahn Aktiengesellschaft are to meet, if the authorities does not comply with the guarantee for the provision of transport services in rail passenger transportation for at least 15 years and the operation of the railway infrastructure, for at least 30 years.
(7) § 11 para. 2 of the German applies to the transfer referred to in paragraph 1 and the return journey railway Foundation Act according to.

Article 27 application of provisions on outsourced companies (1) § 7 para 4, 5, § 11 no. 2, section 12 paragraph 2 as well as section 15 paragraph 1 sentence 4, para 3 shall apply mutatis mutandis for the companies structured according to § 2 para 1 of the Deutsche Bahn founding act. Set 1 with the proviso that the new legal entity business activities has 1 or 2 of the said Act in the sense of § 3 para 1 applies to companies outsourced after article 3, par. 3 of the mentioned law.
(2) the claims under article 20 par. 1 and 2 can of the Deutsche Bahn Aktiengesellschaft only that according to § 2 para 1 of the German be transferred to railway Foundation Act outsourced companies. The fulfillment of these requirements can be done at the request of the beneficiary company of sections 23 and 24 by the decision of the German federal railway assets in accordance with. The affiliation of real estate assets of the Deutsche Bahn Aktiengesellschaft can be determined by passing decision even in the case of outsourced companies.

Article 28 transitional provisions
(1) until the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register, the federal railway assets on the basis of existing management systems of the previous federal railways, except the provisions concerning the Board of Directors, under direction of the Board of the railways is managed. Article 6 par. 3 and §§ 10 and 11 apply in so far as appropriate.
(2) the services referred to in section 6, subsection 1, sentence 2 of the German federal railway assets to the registration of the company will assume the name "Head Office of the German federal railway assets".
(3) for the officials who are entitled to the allowance referred to in point 7 of the introduction to the federal pay policy A and B or according to paragraph 3 of the introduction to the Federal salary order C on the day before the entry into force of this Act and which are used after entry into force of this Act the federal railway assets or the railway Federal Office or pursuant to section 12 paragraph 2 in conjunction with § 23 of the Deutsche Bahn founding act are assigned to , the points allowance is granted further. After registration of the Deutsche Bahn Aktiengesellschaft in the commercial register, this allowance shall be granted further that they reduce with each linear increase salaries by one-quarter.
(4) the offices of the members of the Board of Directors of the previous federal railways ends with the entry into force of this Act.
(5) the claims of the authorities according to § 26 para 1 directed against the society, which is the Deutsche Bahn of founding law owner of the relevant property to carve-out in accordance with article 2, paragraph 1.

§ 29 regulations legal regulations on the basis of this Act need not the consent of the Federal Council.

Article 30 authorized resolution of federal railway assets (1) which is the Federal Government, no earlier than ten years after the entry into force of this Act to dissolve the federal railway assets and to transfer the duties still perceived by him on the railway Federal Office, the Federal Ministry for transport, construction and urban development and the federal debt administration.
(2) the special staff committees formed according to § 17 of the Deutsche Bahn founding law, youth and trainee representatives and hard disabled representatives persist at resolution of the federal railway assets pursuant to paragraph 1 to the body, the tasks of the federal railway assets are transferred.

Plant (to § 15 para 2) A. operational facilities of the existing federal railways 1 Bundesbahn social work (BSW) 2. train social work (BSw-DR) 3 DR Bundesbahn domestic supply (BHbv) 4. railway domestic supply (BHbv) 5. apartment railroads (EEC) B. self-help institutions of the existing federal railways 1 railway-orphan Hort (EWH) 2. Bundesbahn-agriculture (BLw) 3. railway-agriculture (Foag-DR) 4. railway sports clubs (ESV) German railwaymen sport clubs Association (VOFTHE) 5. Bundesbahn Central Office against the dangers of alcohol (BZAL) 6 DEVK German railway insurance life insurance Association a.G. DEVK German railway insurance property insurance and HUK Association a.G. 7 railway construction co-operatives (EBG) 8 Sparda banks , Association of Sparda-banks investment (to § 22 para 1) predecessors German Empire Empire railway assets