The Merging And Reorganization Of The Federal Railways Act

Original Language Title: Gesetz zur Zusammenführung und Neugliederung der Bundeseisenbahnen

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Bundeseisenbahnen Merge and Restructuring Act (BundeseisenbahnneuOutline Law-BEZNG)

Nonofficial table of contents

BEZNG

Date of delivery: 27.12.1993

Full quote:

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

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

For details, see 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 as article 1 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) approved by 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. Non-official table of contents

§ 1 Merge of the Federal Railways

Under the name "Deutsche Bundesbahn" as a non-legal special asset Federal railway assets and the special assets of Deutsche Reichsbahn (Article 26 of the agreement) are combined into a special fund of the federal government which is not legally capable and under the name "BundeseisenbahnAssets" (Federal Railway assets) managed. Non-official table of contents

§ 2 Assets of the Federal Railway assets

Assets and rights as well as liabilities of the assets listed in § 1 Special assets "Deutsche Bundesbahn" and "Deutsche Reichsbahn" are assets and rights as well as liabilities of the Federal Railways assets. Non-official table of contents

§ 3 outline and tasks of the federal railway assets

(1) The federal railway assets are divided into two areas:
1.
Entrepreneurial area; it includes the provision of rail transport services and the Operating the railway infrastructure;
2.
administrative area.
(2) The federal railway assets have in particular the following tasks:
1.
Fulfilment of the transfer obligations specified in § 20 para. 1 and 2,
2.
Perception of the sovereign tasks, which have been carried out by the special assets mentioned in § 1 until the entry into force of this law, until the establishment of the Railway Federal Office pursuant to Section 2 (1) of the Act on the Federal Railway Administration of the Federal Republic of Germany of 27 October 2009 December 1993 (BGBl. 2378, 2394),
3.
The administration of the staff, which according to § 12 (2) and (3) of the Deutsche Bahn Founding Act of 27. December 1993 (BGBl. I p. 2378, 2386) of Deutsche Bahn Aktiengesellschaft,
4.
support of the administration of the interest-bearing liabilities of the Federal railway assets,
5.
The management and exploitation of the real estate, 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 be subject to legal traffic under to act, sue and be sued for his name.(2) The general place of jurisdiction of the federal railway assets shall be determined by the seat of the authority appointed in accordance with the administrative order referred to in § 6 (6) to represent the federal railway assets in the lawsuit. Non-official table of contents

§ 5 Liability of the federal government

(1) The federal railway assets are without prejudice to the assumption of debt in accordance with § 1 para. 2 of the Debt-to-account law 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 shall only be 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) From the registration in the commercial register of the company to be established pursuant to Section 1 (1) of the German Railways Act, the Federal Republic of Germany shall be liable for the liabilities of the company which are in existence at the time of registration of the German Railways. Federal railway assets with the exception of the liabilities referred to in Article 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. Non-official table of contents

§ 6 Administrative structure

(1) The existing special assets referred to in § 1 of this article are merged. The services of this special fund will be services of the Federal Railway assets. The central offices of the German Federal Railways and the Deutsche Reichsbahn, which are located in the central offices of the Deutsche Bundesbahn and the Deutsche Reichsbahn, are combined to form a federal railway assets office.(2) The federal railway assets shall be administered subject to the regulations in § 28 under the direction of a President.(3) The President shall represent the Bundeseisenbahnassets (BundeseisenbahnAssets) in a judicial and extrajudicial way, unless the administrative order referred to in paragraph 6 is otherwise determined.(4) Bundeseisenbahnassets (Bundeseisenbahnassets) are federal authorities, unless the administrative order referred to in paragraph 6 is otherwise determined by the federal authorities.(5) The performance of the tasks of the federal railway assets is a public service.(6) In addition, the administrative organisation of the federal railway assets after the registration of Deutsche Bahn Aktiengesellschaft in the commercial register shall be governed by an administrative order, in so far as the Law on the Railway Administration of the Federal Railways Federal government nothing else. The administrative order, which the President sets up, requires the approval of the Federal Ministry of Transport, Building and Urban Development. Non-official table of contents

§ 7 Human Resources

(1) The officials, employees, and workers of the federal railway assets are at the service of the federal government. The officials are federal officials.(2) The collective agreements for employees, manual workers and apprentices referred to in paragraph 1 above shall continue to apply until the entry into force of new collective agreements in accordance with paragraph 3. 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. Working conditions.(3) The remuneration, wages and working conditions of employees, manual workers and trainees in the field of federal railway assets are governed by collective agreements 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, Building 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) The 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 Railway assets at the time immediately prior to the registration of Deutsche Bahn Aktiengesellschaft and in accordance with § 12 (1), (2) and (3) of the German Railway Founding Act (Deutsche Bahn) are granted leave of absence or are assigned to this company by means of legal regulation
1.
in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance in accordance with Section 26 (1) No. 1 of the Federal Civil Service Act, the runways in Federal railway assets to be self-employed and derogations to be made,
2.
in agreement with the Federal Ministry of the Interior for the assigned officials to enact special working-time regulations and, in doing so, by § 88 of the German Federal Civil Service Act (Bundesbeamtengesetz) deviating regulations on the obligation of officials to do service beyond the regular weekly working time, as well as on the compensation of (b) to take more work,
to the extent that it is justified by the nature of the railway operation of that company.(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 legal regulation without the consent of the Federal Council, for the officials referred to in paragraph 4, the special provisions for the individual careers (careers, training and examination regulations) in accordance with § 26 (1) (2) of the Federal Civil Service Act (Bundesbeamtengesetz).(6) The Federal Ministry of Transport, Building and Urban Development, on a proposal from the President of the Federal Railways, may, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, provide supplementary provisions on the Travel and removal expenses of the civil servants assigned to Deutsche Bahn Aktiengesellschaft pursuant to § 12 (2) and (3) of the German Railways Act (Deutsche Bahn Founding Act) shall be issued in so far as the peculiar nature of the railway operation requires it. Non-official table of contents

§ 8 Staff representation

(1) Not later than three months after the registration of the foundation law pursuant to § 1 paragraph 1 of Deutsche Bahn In the case of the federal railway company, the company will be held in the Commercial Register by means of elections to the personnel representatives as well as to the representatives of the youth and trainee associations. 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 of the German Federal Office for Staff Regulations. Federal railway assets.(2) Up to the re-election to the staff representatives referred to in paragraph 1, the remaining members of the staff at the time of the breakdown of the entrepreneurial sector (Section 1 (1) of the Deutsche Bahn Founding Act) shall remain with the remaining members of the Federal Railways ' assets. Services of existing local staff representatives transitional in office. The members of the German Federal Railways (Deutsche Bundesbahn) and the German Reichsbahn (Deutsche Reichsbahn) form a joint main staff council for the federal railway assets; previous members of the board are members of the board of directors. Members of the Board of Directors of the Transitionally formed Main Personality Council.(3) The chairpersons of the main personnel councils existing at 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 Personnel Council shall be the local staff council responsible for the service provided in accordance with Section 6 (1) sentence 2.(4) In the case of youth and trainees ' representatives, the first sentence of the second sentence of paragraph 2 and the first half sentence, as well as the first sentence of paragraph 3, 3 and 4, shall apply; for the election of the chairman and his deputy, Section 60 (3) of the Federal Personalization Act shall apply. appropriate application.(5) The formation of electoral heads for the elections referred to in paragraph 1 shall be made in such a timely manner that the time limit referred to in that paragraph may be respected. Non-official table of contents

§ 9 Severe disability representation

(1) § 8 (1) applies accordingly to the elections to the severely disabled representatives in the The area of the federal railway assets.(2) § 8 (2) sentence 1 shall apply mutagentily to the existing severely disabled persons. 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 shall apply accordingly.(3) Section 8 (5) shall apply mutagenly to the formation of electoral members for the new elections to the representatives of the severely disabled. The two main disabled persons ' representatives jointly appoint the electoral board for the re-election of the main disabled representation of the federal railway assets. Non-official table of contents

§ 10 supervisors

(1) The Federal Ministry of Transport, Building and Urban Development is the supreme service supervisor and President of the President of the Federal Railways ' assets. The President is the supreme service supervisor of the officials and managers of all officials, employees and workers of the Federal Railways ' assets.(2) The President of the Bundeseisenbahnassets (Bundeseisenbahnassets) is the highest official 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 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. Non-official table of contents

§ 11 Usage on other posts

The President or the departments of the Federal railway assets may use an official temporarily on another post of lower valuation, leaving his official title and salary, if
1.
service_reasons for federal railway assets or
2.
The official or company reasons for a company that is assigned to the official pursuant to Section 12 (2) and (3) of the German Railway Founding Act,
require. 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. Non-official table of contents

§ 12 Rules of remuneration

(1) In the case of federal railway assets, the provisions of Section 26 (1) of the Federal law of law or the regulations of § 26 (4) (1) and (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), which are subject to an appropriate assessment, are exceeded in so far as this is to avoid Deterioration of transport conditions as a result of the ongoing reduction in the number of staff in the federal railway assets is required. Overruns are permitted in each grade within the framework of an appropriate assessment.(2) § 18 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) shall apply with the proviso that equivalent activities shall apply to Deutsche Bahn Aktiengesellschaft as an amalgated function. § 11 shall remain unaffected. Non-official table of contents

§ 13 Social welfare bodies

(1) The federal railway assets are responsible for its area in the field of Health insurance the tasks of the former Federal Railways continue.(2) (omitted) (3) (omitted) (4) The responsibilities of the Bundesbahn-Establiskrankenkasse as well as the Reichsbahn-operative health insurance fund, also in the case of the unification of the two coffers to the railway company health insurance fund, extend to the Deutsche Bahn Aktiengesellschaft. Non-official table of contents

§ 14 Health care of officials of the federal railway assets

(1) The health care of the federal railway officials as company social institution of the Deutsche Bundesbahn within the meaning of § 27 of the Bundesbahngesetz (Bundesbahngesetz) is closed with the entry into force of this law in its stock and is subject to the objective of settlement in the existing legal form of a corporation of the German Federal Railways Act. Public law shall be continued in accordance with the statutes and the tariff.(2) The contribution to the health care of the Federal Railways Officers shall be calculated in accordance with § 28 of the Statutes for each calendar year after the Advisory Board (Annex IV to the Statute) in the version valid on the day before the entry into force of this Act, 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 according to the contribution board shall be the average of the changes resulting from the first sentence, the average To adapt cost development 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 of contribution adjustments resulting from the contribution board may be
1.
for members. with co-insured persons half the contribution rate of the pensioners of the railway insurance fund,
2.
for members without the insured person two thirds of the total above contribution rate
.(3) Changes in the rate of the health care of the Federal Railways Officers or changes in the amount of reimbursable amount to be made 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 persons.(4) Covenant expenditure on the health care of the Federal Railways officials, which shall be subject to the assistance provided by the Federal Government on the basis of representative investigations (Article 27 of the Articles of Association) and the contribution of the members as referred to in paragraph 2. are not covered, shall be borne by the federal government. If the grant corresponding to the aid changes as a result of changes in the state aid rules, the contribution should be adjusted accordingly.(5) Clinic and hospital funds of the health care of the Federal Railway Officers shall be continued until the completion of the settlement in accordance with paragraph 1 and subsequently to a social security institution (railway company sickness insurance fund, replacement of a railway insurance institution) against advertising compensation. Non-official table of contents

§ 15 Operating social institutions, self-help facilities

(1) The Federal Railway Insurance Office Division B as In the case of the Federal Railways, the German Federal Railways (Deutsche Bundesbahn) will continue to be operated as a railway insurance institution. 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 merger 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 Department B of the railway insurance company.(2) The other occupational social facilities listed in the Appendix to this Act and the recognized self-help facilities of the former Federal Railways are maintained for the area of the Federal Railway assets and shall be maintained in accordance with the continue to be guided by existing principles. 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 (Deutsche Bahn Aktiengesellschaft) may recognize or participate in the individual institutions listed in the Appendix to paragraph 2.(4) Following the submission of statements by Deutsche Bahn Aktiengesellschaft concerning its participation or the recognition referred to in the fourth sentence of paragraph 1 and paragraph 3, the federal railway assets shall be subject to the principles of the occupational social services and self-help facilities.(5) If legally dependent social institutions of the former Federal Railways are legally independent after the entry into force of the law on the reorganization of the railway system, these are from the payment of taxes and fees from To exempt the amendment of the legal form, including the costs of necessary transfers of ownership.(6) From 1. In October 2005, the supplementary insurance of the Bahnversicherungsanstalt Division B will be continued by the Deutsche Rentenversicherung Knappschaft-Bahn-See. Non-official table of contents

§ 16 Economic performance

(1) The expenses of the federal railway assets not covered by own revenues will be from the federal budget.(2) BundeseisenbahnAssets (BundeseisenbahnAssets) shall set up 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 German Railways (German Railway) Act and 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 shall apply mutas to the establishment and execution of the economic plan, as well as to payments, accounting and accounting.(3) The economic plan shall be subject to approval by the Federal Ministry of Transport, Building 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 are always subject to approval 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, with the consent of the Federal Ministry of Finance, may allow the federal railway assets to carry out their duties and to fulfil legally-based obligations. unavoidable expenditure if the economic plan has not yet been approved at the beginning of the new calendar year.(5) The Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance require approval by the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance of the Federal Ministry for Transport, Building and Urban Development (Bundesministeriums für Verkehr, Bau und Stadtentwicklung) and the German Federal Ministry of Finance. Non-official table of contents

§ 17 School durers

(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) shall remain unaffected.(2) The debts of the Federal Railway assets shall be managed in accordance with the principles applicable to the administration of the general federal debt. Non-official table of contents

§ 18 Annual financial statements and reporting obligations

(1) The Federal Railway assets shall be established at the end of each calendar year. Annual accounts for the special assets. The annual accounts must show the stock of special assets, including receivables and liabilities, as well as the receipts and expenses.(2) The Federal Ministry of Transport, Building and Urban Development reports annually on its activities by the Federal Ministry of Transport, Building and Urban Development, broken down by
1.
Human Resources and Personnel Cost,
2.
Liability Management
3.
Utilization of land.
(3) The federal railway assets are obliged to provide information to the Federal Ministry of Transport, Building and Urban Development on the request of the -to give important operations in the administration and management of the Federal Railway assets. Non-official table of contents

§ 19 Budget and Auditing

The Federal Audit Office examines the budget and economic management of the Federal railway assets. Part V of the Federal Budget Code shall be applied accordingly. Non-official table of contents

§ 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 Deutsche Bahn Founding Act, from the stock of the special assets "BundeseisenbahnAssets" (Federal Railway assets) all properties (land, parts thereof, the transfer of property rights, limited rights in rem) and other assets to the extent that this is necessary for the provision of rail transport services and for the operation of 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, the Federal Republic of Germany (Bundeseisenbahnassets) is entitled and obliged to provide Deutsche Bahn Aktiengesellschaft with such property To transfer properties to the extent that the level of the railway is detected. 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 is required.(3) Non-railway properties, in particular the former Reichsbahn assets (stock assets) in Berlin (West), which are not used for operational purposes, remain with the Federal Railways ' s assets.(4) The Federal Republic of Germany guarantees 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), which was last amended by Article 3 of the Law of 21 December 1991. 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 properties 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 date of the opening balance sheet of Deutsche Bahn Aktiengesellschaft. The guarantee shall be made 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, taking into account only the pure land value, 5 billion Germans Mark exceeds. The guarantee shall be made no later than 31. December 2001. Non-official table of contents

§ 21 Asset Transition

Properties of the Federal Railway assets, which are directly and exclusively railway-necessary, go to Deutsche Bahn Aktiengesellschaft with the date of its registration in the Commercial Register. Non-official table of contents

§ 22 Disposal authority of Deutsche Bahn Aktiengesellschaft

(1) Deutsche Bahn Aktiengesellschaft is available the Federal Republic of Germany (BundeseisenbahnAssets), the Federal Republic of Germany Special Assets (Deutsche Bundesbahn), the Deutsche Reichsbahn (Deutsche Reichsbahn) or any of the members listed in the Appendix to this Act (German Federal Railways) In the land register as owner or in the territory referred to in Article 3 of the agreement, the right-holder of these railroads is still registered as a legal entity of the national property. 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. In the case of possession of a property or building within the scope of the power of disposal, § 566 of the Civil Code shall apply accordingly.(2) The power of disposal of the owner of the property or of any other person entitled to dispose of the property shall remain 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 Book Order does not apply.(3) The power of disposal referred to in paragraph 1 shall end if, in the event of the rights referred to in paragraph 1, a transfer notification pursuant to section 23 has been made enforceable and an application for a corresponding land rectification under the guidance of the competent authority shall be submitted to the competent authority of the competent authority. The basic buchamp has been received. 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 has effectively committed himself, if, before the date referred to in the first sentence, the registration of a notice to secure the said Entitlement to the land registry has been requested.(4) The properties as referred to in the first sentence of paragraph 1, as well as the proceeds obtained in this case, shall 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 Transfer notification is assigned.(5) The installation 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 enable the Federal Republic of Germany to have other legal rights. Germany Bundeseisenbahnfortune, the Federal Republic of Germany Special assets "Deutsche Bundesbahn" or the Deutsche Reichsbahn (German Reichsbahn). unofficial table of contents

§ 23 Determination of transfer and transfer

(1) The transition from properties from the Federal railway assets on the basis of § 21 of Deutsche Bahn Aktiengesellschaft shall be determined by a transfer notification. 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 second sentence of Article 26 (1) of the agreement, the right of assignment shall be determined in accordance with the law on the assignment of assets.(2) The transfer notification shall be made available to the beneficiary after the expiry of four weeks from the date of its announcement if the beneficiary does not apply for an arbitration procedure in accordance with § 24 in writing in 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 handover letter to be sent.(3) The right to transfer is to be described in the transfer decision 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 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. It is not necessary to grant a grant.(4) After the completion of the enforceability of the handover, the BundeseisenbahnAssets (Bundeseisenbahnfortune) requests the competent Land Registry to correct the basic book in accordance with 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 that. Fees for the basic booking correction as well as the registration and deletion of the reservation are not levied in these cases.(5) The transfer or determination by a transfer decision shall replace the assignment of the assets under Article 26 of the agreement and comparable provisions. 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 Railways assets.(6) Comparisons are allowed; if a comparison is concluded, a comparison of the same is made. Non-official table of contents

§ 24 Arbitration panel

(1) At the request of Deutsche Bahn Aktiengesellschaft, an arbitration board decides,
1.
to what extent the properties referred to in the handover certificate are web-necessary,
2.
whether the rejection of the adoption of a handover is legal with respect to a claimed property.
The arbitration panel can also be called if the Federal railway assets at the request of Deutsche Bahn Aktiengesellschaft have not decided without sufficient reason within a period of three months. In addition, Deutsche Bahn Aktiengesellschaft does not have an appeal.(2) As far as the application is justified, the arbitral body shall decide by arbitration which properties shall be transferred to what extent. The award shall be entitled to a fully-enforceable transfer notification; section 23 (3) shall apply mutatically.(3) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Justice, to comply with the provisions of the Tenth Book of Civil Procedure in accordance with the provisions of the Tenth Book of the Civil Procedure Code. Arbitration board and its occupation shall be regulated. This regulation also provides for the possibility of determining whether and to what extent remuneration is paid. Non-official table of contents

§ 25 Administrative regulations

Administrative regulations for the implementation of § § 20 to 24 shall be issued by the Federal Ministry for Transport, construction and urban development in agreement with the Federal Ministry of Finance. Non-official table of contents

§ 26 Transfer of real estate to third parties

(1) Deutsche Bahn Aktiengesellschaft is entitled and obligated to for the carrying out of local rail passenger transport properties, at the request of a local authority or a group of local authorities (task carrier), whose tasks are to safeguard an adequate level of Transport operation in local public transport according to 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 accordingly.(2) A prerequisite for the transfer of the properties referred to in paragraph 1 is that
-
Railway infrastructure in the event of a claim for the transfer of properties exclusively or primarily used for the purpose of rail passenger transport,
-
The federal railways are no longer ready to provide transport services,
-
a Agreement with task carriers on the provision of transport services on the railway infrastructure of the Federal Railways on the financing of the operation of the railway infrastructure has not been reached, as well as
-
The task carrier is responsible for the provision of rail passenger transport services for at least 15 years and for the operation of the railway infrastructure for at least 30 years
(3) The transfer of the real estate and the liabilities secured by property rights to these properties shall be effected by contract, which is the agreement of the Federal Ministry of Transport, Building and Urban Development is required.(4) The properties are to be transferred free of charge, 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 shall be taken over.(5) In the event of a dispute, the arbitral tribunal shall decide on the content of the contract, in particular on the rights and obligations pursuant to section 20 (1) sentence 2, upon the appeal of one of the parties to the contract.(6) The contract referred to in paragraph 3 also makes provision for the retransmission of properties to Deutsche Bahn Aktiengesellschaft if the task carrier provides the guarantee for the provision of transport services in the Local rail passenger transport for at least 15 years and the operation of the railway infrastructure for at least 30 years.(7) In the case of the transfer pursuant to paragraph 1 and the retransmission, Section 11 (2) of the German Railway Founding Act applies accordingly. Non-official table of contents

§ 27 Application of regulations to affiliated companies

(1) § 7 para. 4, 5, § 11 No. 2, § 12 para. 2, and § 15 The fourth sentence of the first sentence of paragraph 1 shall apply mutagenically to the companies which are affiliated with the German Railways Act pursuant to Section 2 (1) of the German Railway Act. In accordance with Section 3 (3) of the said law, the company shall be subject to the provisions of the first sentence, provided that the new legal entity carries out 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) may only be transferred from Deutsche Bahn Aktiengesellschaft to companies affiliated with the Deutsche Bahn Founding Act pursuant to Section 2 (1) (1) of the German Railway Act (Deutsche Bahn Establigesetz). 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. Non-official table of contents

§ 28 Transitional regulation

(1) Until the registration of Deutsche Bahn Aktiengesellschaft in the commercial register, the Federal railway assets are managed on the basis of the existing administrative regulations of the former Federal Railways, with the exception of the regulations on the Board of Directors, under the management of the board of these railroads. § 6 (3) and § § 10 and 11 shall apply accordingly.(2) The office of the federal railway assets referred to in Article 6 (1), second sentence, shall lead to the registration of the company as the "head office of the federal railway assets". (3) For the officials who shall be the official on the day before the entry into force of this law Claim to the allowance provided for in point 7 of the preliminary remarks to the Federal Regulations A and B or to point 3 of the preliminary remarks to the Bundesbesoldungsordnung C and which after the entry into force of this Act in the case of the federal railway assets or in the case of the Federal Railways The Federal Railway Authority (Bundesamt) or the German Railway Authority (Deutsche Bahn) pursuant to Section 12 (2) of the German Railways Act (Deutsche Bahn) shall continue to grant the employment supplement. After the registration of Deutsche Bahn Aktiengesellschaft in the commercial register, these allowances will be further granted with the proviso that they will decrease by a quarter for each linear increase in the remuneration.(4) With the entry into force of this Act, the Offices of the members of the Board of Directors of the former Federal Railways shall terminate.(5) The claims of the task carriers pursuant to section 26 (1) shall also be directed against the company, which is the owner of the property in question pursuant to Section 2 (1) of the Deutsche Bahn Founding Act. Non-official table of contents

§ 29 Legal regulations

Legal regulations under this law do not require the approval of the Bundesrat. Non-official table of contents

§ 30 Resolution of the federal railway assets

(1) The Federal Government is authorized to do so at the earliest 10 years after The entry into force of this law to dissolve the federal railway assets and to transfer the tasks still perceived by him to the Federal Railway Authority, the Federal Ministry of Transport, Building and Urban Development, or the Federal School Administration.(2) The special staff representatives, youth and trainee representatives as well as severely disabled persons represented in accordance with § 17 of the German Railways Act shall consist of the dissolution of the federal railway assets pursuant to paragraph 1 at the time of the the tasks of the federal railway assets are carried forward. unofficial table of contents

asset (to § 15 para. 2)

A.
Operating social facilities of the previous Federal Railways
1.
Bundesbahn-Sozialwerk (BSW)
2.
DR (BSw-DR) railway social plant
3.
Bundesbahn-Hausbrandversorgung (BHbv)
4.
Railway home fire (BHbv)
5.
Railway housing companies (EEC)
B.
Self-help facilities of the former Federal Railways
1.
Railway Waisenhort (EWH)
2.
Bundesbahn-Agriculture (BLw)
3.
Bahn-Agriculture (BLw-DR)
4.
Eisenbahner Sportvereine (ESV) Verband Deutscher Eisenbahner-Sportvereine E.g. (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-Banken, Verband der Sparda-Banken
Non-official Table of contents

Asset (to § 22 para. 1)

Legal leavers
Deutsches Reich ReichseisenbahnAssets