Act To Establish A Deutsche Bahn Aktiengesellschaft

Original Language Title: Gesetz über die Gründung einer Deutsche Bahn Aktiengesellschaft

Read the untranslated law here: http://www.gesetze-im-internet.de/dbgrg/BJNR238600993.html

Act to establish a Deutsche Bahn Aktiengesellschaft (German railway Foundation Law - DBGrG) DBGrG Ausfertigung date: 27.12.1993 full quotation: "Deutsche Bahn founding law of 27 December 1993 (Federal Law Gazette I p. 2378, 2386;)" (1994 I S. 2439), last by article 307 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed "State: last amended by article 307 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.1994 +++) the G as article 2 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art. 11 para. 1 sentence 1 of this G on the 1.1.1994 entered into force.
First section establishment § 1 incorporation of the company (1) from the federal railway assets which are in compliance in section 20, paragraph 1, of the Act to the merging and reorganization of the federal railways of 27 December 1993 (Federal Law Gazette I p. 2378) contained obligations with the exception of the listed properties to outsource the parts that are necessary for the provision of rail transport services and the operation of the railway infrastructure on a new joint-stock company thus established. When assessing the carve-out of the Court, such as in § 10 section 4 for the opening balance sheet set, to take into account, however, are the real estate included in set 1.
(2) the shares the company is "Deutsche Bahn Aktiengesellschaft".

§ 2 spin-off from the assets of the Deutsche Bahn Aktiengesellschaft, resolution of the Deutsche Bahn Aktiengesellschaft are (1) from the Deutsche Bahn Aktiengesellschaft in three years at the earliest, to outsource the areas on this newly formed joint-stock companies formed in accordance with § 25 at the latest five years after their registration in the commercial register.
(2) after the spin-off referred to in paragraph 1, the unit can be used to the Deutsche Bahn Aktiengesellschaft only on the basis of a law that requires the consent of the Federal Council, 1 resolved, 2 with one of the companies referred to in paragraph 1 merged or divided 3 to the companies referred to in paragraph 1.
(3) for the sale of up to 49.9 per cent of the shares and voting rights in the public limited liability companies formed under paragraphs 1 and 2, operating includes the construction, the entertainment and the operation of railways, the authorization on the basis of a law which require the consent of the Federal Council, is required. The law is to determine whether 49.9 or lower part of per cent of the shares to be sold at once or in stages.

§ 3 object of the company (1) item of the company of the company is 1 the provision of rail transport services for the transport of goods and passengers;
2. the operation of the railway infrastructure; These include in particular the planning, construction, entertainment, and the management of infrastructure control - and safety systems;
3. business activities in railway-related fields.
(2) changing the articles of Association, the objects of the company can be extended.
(3) the company can participate in same or related kinds of businesses as well as companies establish and acquire. She can outsource without prejudice to the obligation referred to in article 2 parts of the object of their company within the meaning of paragraph 1 wholly or partly in such companies and restricted to management tasks.

§ 4 carve-out plan (1) the Board of Directors of the federal railway assets has no later than one month after the entry into force of this Act to make a carve-out plan, which must be certified notarially. The carve-out plan is forwarded to the Federal Ministry of transport immediately after its notarization.
(2) the spin-off plan shall contain at least the following information: 1. the agreement on the transfer of parts of the business area of the federal railway assets within the meaning of § 1 para 1 each as a whole against granting of shares of Deutsche Bahn Aktiengesellschaft;
2. the time from these shares confer a claim to a share of the profit, and any special conditions with respect to this claim;
3. the date from which the actions of the federal railway assets in the entrepreneurial area shall be deemed accepted on behalf of Deutsche Bahn Aktiengesellschaft (carve-out time);
4. any special advantage granted to a member of the Board of the federal railway assets or a member of the Board of directors or of the Supervisory Board of the Deutsche Bahn Aktiengesellschaft or an auditor;
5. the precise designation and allocation of the items of the assets and liabilities transferred the Deutsche Bahn Aktiengesellschaft; § 14 shall remain unaffected. Unless a special kind of called for the transfer of goods in case of single succession in the General rules, are these rules to apply also here. In addition can be referred to documents such as budgets and inventories, whose Inhalt allows an assignment of the individual item.
(3) in the spin-off plan, the Statute must be included the Deutsche Bahn Aktiengesellschaft or detected.

§ 5 the founding rules applicable to their legal form to apply, unless otherwise specified in this Act are application of Foundation Law (1) on the establishment of the Deutsche Bahn Aktiengesellschaft. The Federal Republic of Germany shall be equivalent to the founders.
(2) the Federal Ministry of transport ordered the first Board of Directors, the first Board of Directors, as well as for the first full or short business year the first auditor.

§ 6 of the carve-out plan be the carve-out plan takes effect only if the Federal Ministry of transport in writing agrees to it in agreement with the Federal Ministry of finance.

§ 7 application and registration in the register have the members of the Board and of the Supervisory Board of the Deutsche Bahn Aktiengesellschaft Deutsche Bahn Aktiengesellschaft at the Court in whose district she should have their seat, the registration in the commercial register to log on to. Are the registration except the otherwise necessary documents in copy or publicly certified copy or, as far as them not notary notarized the carve-out plan, as well as the consent of the Federal Ministry of transport must be in original or copy to add.

Article 8 effect of registration (1) registration of the Deutsche Bahn Aktiengesellschaft in the commercial register has following effects: 1. the outsourced parts of federal railway assets, including the liabilities in line with the allocation provided for in the spin-off plan each as a whole on the Deutsche Bahn Aktiengesellschaft skip. Items which cannot be transferred through legal transaction, will remain in ownership or ownership of the federal railway assets.
2. the Federal Republic of Germany is Deutsche Bahn Aktiengesellschaft's sole shareholder according to the spin-off plan.
3. the lack of the notarization of the carve-out plan will be healed.
(2) registration defects of the spin-off without prejudice to the effects referred to in paragraph 1.

9 protection of the creditors (1) by the transfer of liabilities on the Deutsche Bahn Aktiengesellschaft § is not freed the federal railway assets from liability for these liabilities. article 418 of the Civil Code shall not apply. The Deutsche Bahn Aktiengesellschaft and the federal railway assets are responsible for these liabilities as jointly and severally liable. The Deutsche Bahn Aktiengesellschaft is alone required in relation of the jointly and severally liable with each other.
(2) the claims of creditors against the federal railway assets from the liabilities listed in the spin-off plan expire in five years, if the Statute of limitations not earlier according to General regulations. The limitation period begins with the day of the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register is considered according to § 10 par. 2 of the commercial code made known. Is the claim of the creditor only due after that date so the Statute of limitations begins with the time of maturity.
(3) for liabilities of the federal railway assets, which do not have moved on the Deutsche Bahn Aktiengesellschaft, the company is not liable.

§ To create 10 opening balance (1) which is the Deutsche Bahn Aktiengesellschaft opening balance on the date of its registration in the commercial register. Section 264 (1) sentence 3 of the commercial code shall apply accordingly for the deadline for establishing.
(2) the opening balance point carve-out no. 3 can be placed also on the earlier pursuant to § 4 paragraph 2; in this case you are to take up in accordance with article 20, paragraph 1 and article 21 of the Act to the merger and reorganization of assets going over federal railways with their values or amounts at the date of the opening balance sheet.
(3) apply the paragraphs 7 and 9 of the D-Mark balance sheet act as amended by the notice of 18 April 1991 for the assessment of the reason and soil (BGBl. I p. 971, 1951), most recently by article 17 section 5 of the Act of 20 December 1993 (BGBl. I S. 2182) has been changed is, accordingly. For the remaining assets, the carrying amounts under consideration may be continued § 253 para 2 and 3 of the commercial code. On the approaches of book values is to apply § 36 para 3 sentence 1 of the D-Mark balance sheet law according to. For assets which are transferred by the Deutsche Reichsbahn, § 36 of the D-Mark balance sheet law also applies to the opening balance sheet. § 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.
(4) which are omitted properties on the basis of article 21 of the Act to the merging and reorganization of the federal railways on the Deutsche Bahn Aktiengesellschaft, as far as their acquisition and evaluation due to the special circumstances in the area of federal railway assets not could be made until the establishment of the opening balance sheet, its balance sheet initially only with one to five billion German marks to expel denominated amount, where only the pure land value is taken into account. The inventory and the actual value of individual properties are fixed when drawing up subsequent annual accounts-including the annual accounts for the year 2001, so ABS is 1 sentence 1 of the D-Mark balance sheet Act in analogous application of § 36 of each actual value and the gain in the capital reserve pursuant to section 272 of the commercial code to set. In these cases the opening balance sheet is considered to be modified.

§ 11 tax provisions (1) the tax law opening balance sheet corresponds to the tested commercial opening balance sheet (article 242 paragraph 1 of the commercial code) the Deutsche Bahn Aktiengesellschaft; the following particularities must be observed. § 5 para 2, 3, 4 and 5 and § 6a of the income tax Act are to be applied. Provisions are not to be made according to section 249 (1) sentence 3 and para. 2 of the commercial code. § 9 para 2 sentence 3 and para. 3 of the D-Mark balance Act is not applicable. The adjustment of approaches according to section 10, paragraph 4, sentence 2 leads to an adjustment of the opening balance tax and any subsequent balance sheets. Are already tax assessment notices issued were, so they are to change, as far as the correction of balance or value approaches leads to a modified win or loss or affects the determination of unit values.
(2) legal operations in the real estate transfer tax Act, resulting from the implementation of articles 20 to 24 of the Act to the merging and reorganization of the federal railways, are exempt from the tax.
(3) paragraphs 1 and 2 shall apply mutatis mutandis for societies that are built in the way of the carve-out according to § 2 para 1.
Second phase transition of personnel article 12 officials (1) leaves of absence by officials of the federal railway assets to carry out an activity at the Deutsche Bahn Aktiengesellschaft serve business interests.
(2) officials of the German federal railway assets, which excrete or not on leave, not of the civil service are allocated from the date of registration of the Deutsche Bahn Aktiengesellschaft in the commercial register of the company, insofar as the federal railway assets or otherwise used on the basis of a decision in a particular case. An official of the federal railway assets can be assigned to the Deutsche Bahn Aktiengesellschaft in the long term, if he applies for it and is a professional need.
(3) officials of the previous federal railways, who are on leave at the time of the registration of the Deutsche Bahn Aktiengesellschaft, are assigned to, the Deutsche Bahn Aktiengesellschaft at the end of the leave of absence also if not another decision about further use is made before the expiration of the leave of absence from the federal railway assets.
(4) the legal status of officials allocated pursuant to paragraphs 2 and 3, as well as the overall responsibility of the employer will be safeguarded. The Deutsche Bahn Aktiengesellschaft is entitled to the right of instruction, so far as it requires the duty in operation of Deutsche Bahn Aktiengesellschaft.
(5) the Deutsche Bahn Aktiengesellschaft is obliged to provide the support required to carry out the duties of Mr. the federal railway assets and to provide all necessary information.
(6) the Deutsche Bahn Aktiengesellschaft can it in accordance with paragraphs 2 and 3 assigned officers in consultation with the federal railway assets transferred an activity to be evaluated later. In addition, the Federal Ministry for transport, building and urban development is entitled to determine what further bibliographical decisions as well as other decisions and measures relating to Deutsche Bahn Aktiengesellschaft directly linked the duty of the officers in the operation, transfer the Deutsche Bahn Aktiengesellschaft to exercise by Decree in agreement with the Federal Ministry of the Interior on the officials allocated in accordance with paragraphs 2 and 3.
(7) receives an official from an assignment referred to in paragraphs 2 and 3 other references, this will be deducted from the salary. In special cases, the Supreme Administrative authority in agreement with the Federal Ministry of the Interior can see fully or partially by credit transfer.
(8) para 3 of the income tax Act applies to officials reported under paragraphs 2 and 3 and retired officials of the previous Fund Deutsche Bundesbahn according to § 8.
(9) the federal railway assets can unassign in individual cases in agreement with the Deutsche Bahn Aktiengesellschaft or otherwise use. A prerequisite for the lifting of an assignment, that is the federal railway assets a position available.

§ 13 legal supervision (1) is the President of the federal railway assets supervision that the Deutsche Bahn Aktiengesellschaft in exercising the powers conferred on the basis of § 12 para 6 to exercise the 2A provisions of this law and other laws are, and respected regulations. Part of this supervision, an unlimited right to be informed by the management board or supervisory board and a right of instruction compared to the Deutsche Bahn Aktiengesellschaft stands to the President of the federal railway assets.
(2) Italy provisions are violated by an act or omission of the Deutsche Bahn Aktiengesellschaft, the President of the federal railway assets first of all to work towards that the company fixes the violation of rights. The company does not fulfil the within a set time limit, the President of the federal railway assets can correct the violation of the rights. In this case, the powers conferred on the society to exercise on the President of the federal railway assets go over. The rights and obligations of the operation - or Central Works Council and the competent special staff remained unaffected.

§ 14 workers (1) which provides the Board of Directors of the federal railway assets before registration of the Deutsche Bahn Aktiengesellschaft for the registration in the commercial register a list on the Department or a service center, parts that go over, as businesses or operating parts within the meaning of § 613a para 1 sentence 1 of the civil code on the Deutsche Bahn Aktiengesellschaft with their registration in the commercial register are included. A copy of the list is to include the registration of the company to be registered in the commercial register and to announce the workers of the federal railway assets in an appropriate manner in writing.
(2) with the entry of the Deutsche Bahn Aktiengesellschaft in the commercial register the society according to the list occurs listed companies and operating parts the occupational safety existing registration of the company for the services or parts of a Department of the federal railway assets and education conditions referred to in paragraph 1 in the rights and obligations of the at the time. That at the time of the compulsory insurance at the car insurance existing registration of the company in the commercial register Department B, from October 1, 2005 Deutsche Rentenversicherung Knappschaft-Bahn-see, by the federal railway assets continue. the federal railway assets is caused by closure of the insured portfolio expenses from the compulsory insurance. § 15 (1) of the Act to the merging and reorganization of the federal railways shall remain unaffected.
(3) the collective agreements valid at the time of succession in accordance with paragraph 2 and service agreements for the employees, workers and trainees of the federal railway assets are decisive for the acquired employees, workers and apprentices up to the entry into force of new agreements or operating agreements, that completes the Deutsche Bahn Aktiengesellschaft with the competent trade unions or works councils.
(4) § 613a of BGB (Bürgerliches Gesetzbuch) (civil law is to apply, unless the law otherwise.
(5 adjusted version) on the basis of article 13 of the working time regulations in the in the Federal Law Gazette Part III, outline number 8050-1, most recently by article 21 of the law of 10 March 1975 published, (Federal Law Gazette I p. 685) is changed, working time provisions transferred are for civil servants to employees of the Deutsche Bundesbahn and the Deutsche Reichsbahn through collective agreement, apply even if deviating them provisions, by the other provisions of the working time regulations , as the content of collective agreements of to the entry into force of new collective agreements continued.
(6) § 8 para 3 of the income tax Act applies Deutsche Bundesbahn and Deutsche Reichsbahn, whose employment contracts have ended due to reaching the age limit or granting a pension to workers of the previous Fund Deutsche.

The local staff committees in departments, which remain as farms or plants pass on the Deutsche Bahn Aktiengesellschaft, transitional are transitional mandate of the local staff committees (1) § 15. They apply from the date of transition as works councils and have the rights and obligations pursuant to the Act; § 17 paragraph 2 shall remain unaffected. The transitional mandate ends, once in the business or part of the Deutsche Bahn Aktiengesellschaft a Works Council elected and announced the election result is given, no later than three months after the date of transition.
(2) services relating to the transition on the Deutsche Bahn Aktiengesellschaft split or merged with other departments or parts of services, so can determined by collective agreement are, what local staff Council of these departments perceive the rights referred to in paragraph 1 and obligations. A collective agreement is not concluded, as section 20, paragraphs 1 and 2 shall apply mutatis mutandis.
(3) paragraph 1 sentence 1 and paragraph 2, and 3 apply to the local hard disabled representatives according to.

16 transfer of service provision contracts (1), section 12 paragraph 2 does not apply to officials who are left with another company to the service at the time of the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register on the basis of a service provision contract between an existing federal railway and another company.
(2) the Deutsche Bahn Aktiengesellschaft not occurs workers and trainees in the rights and obligations arising from the labour relations of employees who are left with another company to the service at the time of the registration of the Deutsche Bahn Aktiengesellschaft in the commercial register on the basis of a service provision contract between an existing federal railway and another company.
(3) between existing federal railways and other companies existing service provision contracts are continued by the federal railway assets. Applies, if the other companies no company of the Federal Government within the meaning of § 2 para 6 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) are.
(4) in the case of cancellation or other termination of existing service provision contracts see § 12 para. 1 and 2, as well as § 14 para 2 to 4 apply accordingly.

§ 17 staff, severely disabled representation (1) to protect the interests of officials who are assigned to, in accordance with article 12, paragraph 2 and 3 of the Deutsche Bahn Aktiengesellschaft towards the it decisions and measures of the federal railway assets special staff representatives are formed with the federal railway assets, who are elected exclusively by the officials assigned to the Deutsche Bahn Aktiengesellschaft. The federal railway assets determined by administrative arrangement composition of the District of officials assigned to, a special staff are responsible for; the competent special staff contribute to the decision of the German federal railway assets. In addition the provisions of the Federal staff representation Act apply mutatis mutandis.
(2) in personnel matters conferred on the Deutsche Bahn Aktiengesellschaft, referred to in section 76, paragraph 1, of the Federal staff representation Act of officials, the special staff trained on the lowest level has a participation right. This co-determination law the relevant provisions of section 77 of the Federal staff representation Act apply to.
(3) the special delegation in the cases of paragraph 2 refuses to consent, so she has, giving reasons within one week after the briefing by the Deutsche Bahn Aktiengesellschaft of this writing this. The special staff not inform in writing the denial of approval of Deutsche Bahn Aktiengesellschaft within the period, the approval shall be granted.
(4) no agreement results between the Deutsche Bahn Aktiengesellschaft and the special staff in cases of paragraph 2, is immediately call the consensus Board, which determines whether there is a reason to refuse the consent within the meaning of § 77 para 2 of the Federal staff representation act within two months. Not the opinion of Deutsche Bahn Aktiengesellschaft will join the conciliation, it shall a recommendation this. Follows the Deutsche Bahn Aktiengesellschaft of recommendation does not, so has the issue with the recommendation of the conciliation of the legal supervision leading authority to submit the final decision within ten working days.
(5) the conciliation consists of three assessors appointed by Deutsche Bahn Aktiengesellschaft and the competent special staff, and an impartial Chairman, both sides agree on whose person in the cases referred to in paragraph 4. At least two officers must reside under the assessors appointed by the Staff Committee.
(6) in disputes after the paragraphs 2 to 5 the administrative courts, in the third instance are responsible the Federal Administrative Court. The provisions of the Labour Court Act on the decision procedure shall apply mutatis mutandis.
(7) which is Deutsche Bahn Aktiengesellschaft obliged, the your pursuant to § 12 para 2 and 3 assigned officials participating in the elections to to special staff representatives in accordance with paragraph 1, as well as to indemnify elected officials for the perception of mandates in particular staff representatives.
(8) paragraphs 1, 2 and 7 shall apply accordingly to special youth and trainee representatives and special representatives of difficult for handicapped persons.
(9) until the election to the staff representatives referred to in paragraph 1, the common main personnel Council formed according to § 8 par. 2 and 3 of the Act to the merging and reorganization of the federal railways is responsible.

Article 18 public office conditions (1) the official conditions of persons after the § § 8, 9a, and 19a of the Bundesbahngesetzes in the Federal Law Gazette Part III, outline number 431-1, adjusted version published, most recently by article 6 paragraph 129 of the railway realignment law of 27 December 1993 (BGBl. I p. 2378) has been changed, a public official relationship to the Federal, end with the entry of the Deutsche Bahn Aktiengesellschaft founded in accordance with § 1 para 1 in the commercial register. The official treaties closer to governing the legal relationships of the persons referred to in sentence 1 skip to section 8a, paragraph 3 of the Bundesbahngesetzes as employment contracts at the same time with all rights and obligations on the Deutsche Bahn Aktiengesellschaft; the provisions section 8a, paragraph 1 and 2 and § 8 para 1 sentence 2 and 3, para 2 of the Bundesbahngesetzes shall apply mutatis mutandis with the proviso that the point of the end of the official ratio is the end of the original term.
(2) the pension schemes in the official contracts remain unchanged, as far as nothing else is regulated in the following; the pension claims of the official agreements are directed against the federal railway assets. From the time of the supply case the Deutsche Bahn Aktiengesellschaft has the federal railway assets that the officials after the transfer after paragraph 1 incurred supply shares pro rata temporis according to the ratio of the tenures to reimburse. Obligations arising from the official ratio at the earliest after the end of the official contract. Also the time between the considered official and latency in the sense of supply regulations of the Office of contract at the end of the official relationship and the end of the official contract.
(3) employment at the Deutsche Bahn Aktiengesellschaft or company according to § 2 para 1 or § 3 para 3 is equivalent to a use in the public service within the meaning of article 53 of the officials supply law. This also applies to the meeting together with a supply from a civil servant.
(4) the supply of the official contract is applicable to a supply of a civil service.
(5) operational services from employment under paragraph 3 will be deducted from the supply from the official contract; In addition, section 54 of the officials supply Act shall apply mutatis mutandis.
(6) operational services from employment pursuant to paragraph 3 are credited on the supply to the extent of a civil service, as through these services the supply from the official contract is not been shortened under paragraph 5.
(7) pension funds reserves consist of official contract, not when a public official or former official demanded his dismissal due to elimination of his previous duties or essential changes in the content of the functions entrusted to it in the context of the previous Office relationship relating to the structural reform of the federal railways.
(8) supply of official Treaty claims not, if a former public officials after § 19a in conjunction with § 8B of the Bundesbahngesetzes for the time after the end of the official agreement referred to in paragraph 1 sentence 2 and before age of 63. an offer of Deutsche Bahn Aktiengesellschaft or of companies according to § 2 para 1 or § 3 section 3 on continued employment at comparable and quenched and tempered accordingly functions such as refuse in the official Treaty , to be prevented from invalidity it without. Sentence 1 shall apply even if he rejects the following appropriate offers on continued employment. According to section 19a of the Bundesbahngesetzes set applies to the other former Office holders 1 according to with the proviso that they lose their pension claims only from the terminated contract of Office set 2 referred to in paragraph 1.

§ 19 applicability of labour law provisions (1) the officials of the federal railway assets, which are allocated according to § 12 para. 2 and 3 of the Deutsche Bahn Aktiengesellschaft, apply to the application of provisions concerning representation of employees in the Supervisory Board, for the application of the works Constitution Act and the speakers Committee Act as an employee of the Deutsche Bahn Aktiengesellschaft. They are considered the Deutsche Bahn Aktiengesellschaft for the application of the rules on the heavy representation of disabled workers.
(2) as far as the Deutsche Bahn Aktiengesellschaft obligations, the you according to the works Constitution Act and the speakers Committee Act of 20 December 1988 (BGBl. I S. 2316) and according to the regulations concerning the representation of workers on the Supervisory Board and the severely disabled representation can responsibility, therefore do not meet, because they not master of it in accordance with article 12 para 2 and 3 assigned officials is to meet these obligations the federal railway assets.

Article 20 (dropped out) § 21 personnel costs (1) the Deutsche Bahn Aktiengesellschaft provides the federal railway assets for it in accordance with article 12 para 2 and 3 allocated officials payments in the amount of the expenses which are comparable, taken by society of to be set in new workers with the involvement of the employer contributions to the statutory social insurance and pension for work performance or would have to provide. As far as from the Deutsche Bahn Aktiengesellschaft pursuant to § 12 para 7 other references are paid, which does not count toward the grade, is in the calculation of the payments to be made by the Deutsche Bahn Aktiengesellschaft pursuant to sentence 1 at least by the amount of the remuneration of assigned officers without inclusion of shares of social security and pension. In addition, she reimburse pro rata administrative costs the federal railway assets. Until the entry into force of the collective agreement in which Deutsche Bahn pursuant to § 14 para 3 Advanced applicable collective agreements are joint-stock company Deutsche Bahn Aktiengesellschaft reimbursed basis for the level of payments pursuant to sentence 1 (2) the federal railway assets special surcharges, assigned to the company in accordance with § 12 para 2 and 3 officials on the basis of the special supplement regulation of 13 November 1990 (BGBl. I pp. 2451) if these officials from the registration of the company in the commercial register are used for the first time in supplement entitled areas.
(3) the Deutsche Bahn Aktiengesellschaft pays a surcharge in the amount, to afford them without issuing a warranty notice of social security contributions for a total supply (employee and employer contributions to the statutory pension insurance and contribution to the occupational retirement provision) would have on the federal railway assets for officials granted in accordance with article 12, paragraph 1 to the company.
(4) makes Deutsche Bahn Aktiengesellschaft have gone over to the federal railway assets in relation to those workers, whose working and training conditions pursuant to § 14 para 2 on it and Department B, from October 1, 2005 Deutsche Rentenversicherung Knappschaft-Bahn-see, compulsorily insured are in the car insurance, payments in the amount of expenses provided by the society for occupational pensions of workers provided by.
(5) the federal railway assets reimburse the costs incurred you as a result of increased staffing requirements in the area of the former Deutsche Reichsbahn Fund as far as the increased manpower on the technical operational behind of the Deutsche Reichsbahn in comparison to the technical operational status at the Deutsche Bundesbahn's former assets is due to the Deutsche Bahn Aktiengesellschaft 1. at the latest nine years from the date of business;
2. the costs incurred her implementation of technological, operational or organizational measures which lead to a reduced staffing, labour relations, which are transferred pursuant to § 14 para 2 on society are tenure. This does not apply as long as the workers affected by rationalization measures on other jobs in companies of Deutsche Bahn Aktiengesellschaft can be employed.
(6) paragraph also applies for continuing on the basis of public service law employment contracts of officials assigned to the Deutsche Bahn Aktiengesellschaft with the proviso that the obligation is the society in accordance with paragraph 1, for the civil servants affected by rationalization measures 5 No. 2. The assignment of an official for the Deutsche Bahn Aktiengesellschaft eliminates the obligation, in accordance with article 12 para 2 and 3, is to waive the federal railway assets; Section 12, paragraph 9, sentence 1 does not apply.
(7) the Deutsche Bahn Aktiengesellschaft notes monthly retrospectively the paragraphs 1 to 5 according to the amount of the claims; In addition, they can prove the payments allocated in accordance with paragraph 6 and finds the balance. The balance is to compensate. The authoritative time from which payments and refunds in accordance with paragraphs 1 to 6 payable, is the day of registration of the company in the commercial register.
(8) details for the implementation of paragraphs 1 to 7 are agreed between the federal railway assets and Deutsche Bahn Aktiengesellschaft. The agreement requires the approval of the Federal Ministry for transport, building and urban development and the Federal Ministry of finance.
(9) the Deutsche Bahn Aktiengesellschaft shall the paragraphs 1 to 6, where it adds a confirmation of the auditor appointed for the audit of the financial statements annually statement about personnel costs. At the request of the German federal railway assets, the personnel costs of the Deutsche Bahn Aktiengesellschaft by one in agreement with her are determine to be assigned public accountant or an accounting firm; This or these may be not statutory auditors in accordance with sentence 1. The federal railway assets and Deutsche Bahn Aktiengesellschaft bear the cost of this auditor or the audit firm to half.

Section 22 acquisition of contaminated sites (1) the Federal Government is contributing to the reduction of economic and environmental contamination in the area of the existing Fund of Deutsche Reichsbahn and grants grants 1. within the available budget for expenses incurred by her in public and private legal obligations for the Elimination of pollution on land of the former Deutsche Reichsbahn Fund for this purpose the Deutsche Bahn Aktiengesellschaft for nine years from the date of business , as far as these environmental pressures arising prior to 1 July 1990 and emanate from them threats to life or health of humans or assets, and as far as the expenses exceed the amount which is set in the opening balance sheet of the previous Fund Deutsche Reichsbahn for this purpose as a default;
2. for investments in tangible fixed assets in accordance with 266 paragraph 2 of the commercial code and modernization of existing assets to the alignment of the rail network and other necessary railway infrastructure of the Federal Government (long-distance passenger services, freight transport, rail transport) in the area of the existing Fund of Deutsche Reichsbahn at the development level, the technical equipment and the productivity level in the current range of the existing Fund of Deutsche Bundesbahn; up to 33 billion German marks are to provide, of which at least 30 per cent for investment in items of tangible fixed assets, which serves the local passenger services for investments in tangible fixed assets and modernization of existing assets in the years 1994 to 2002 in accordance with the opinion of an auditor or an audit firm;
3. in the context of the available budget for increased material costs for existing objects in tangible fixed assets within the meaning of section 266 para 2 of the commercial code on the approximation of the development level, the technical equipment and the level of productivity in the current scope of the existing Fund of Deutsche Reichsbahn to the level in the current range of the existing Fund of Deutsche Bundesbahn.
Temporarily increased staffing requirements for reasons of productivity residue referred to in paragraphs 2 and 3 article 21 par. 5 is (2) arrangements for implementing paragraph 1 No. 1 in agreements between the German Railway Corporation and the Federal Ministry of transport, building and urban development in agreement with the Federal Ministry of finance adjusted.
(3) assistance requested in accordance with paragraph 1 is to explain in detail in the annually to be economic plan of the Deutsche Bahn Aktiengesellschaft connected with a medium-term investment and staffing on the basis of an annually to be continued operating concept. The Deutsche Bahn Aktiengesellschaft matches the investment planning with the States of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in accordance with an agreement. The necessary computing engines can be tested on behalf of the Federal Ministry for transport, building and urban development and the Federal Ministry of finance by a chartered accountant or an accounting firm.
(4) details of the participation in paragraph 3 sentence 2 countries in the implementation of paragraph 1 sentence 1 No. 2 are regulated in an administrative agreement of the Federal Government with these countries.

Article 23 application of provisions on outsourced companies the sections 12, 13, 17, 19, 21 and 22 shall apply mutatis mutandis for the companies structured according to § 2 para 1. Set 1 with the proviso that the new legal entity business activities has no. 1 or 2 in the sense of § 3 para 1 applies to companies outsourced according to § 3 para 3.

Article 24 regulations legal regulations on the basis of the second section of this law require not the consent of the Federal Council.
Third section organization, management and testing section 25 are internal divisions within the Deutsche Bahn Aktiengesellschaft organizationally and computationally apart to separate at least the areas of "transport", "long-distance passenger services", "Freight" and "Infrastructure". The assets belong to the respective areas.

Article 26 participation in social services, recognition of the Deutsche Bahn Aktiengesellschaft has to declare whether she participated on the car insurance section B and on each of those listed in the annex to section 15, paragraph 2, of the Act to the merging and reorganization of the federal railways operating social facilities or self-help institutions of federal railway assets or accepts these no later than six months after their registration in the commercial register to the federal railway assets.

§ 27 inspection rights of the Federal (1) the examination of the activity of the Federal Government at the Deutsche Bahn Aktiengesellschaft as well as the companies established by carve-out in accordance with article 2, paragraph 1 or article 3, para. 3 varies according to § 92 of the federal budget rules.
(2) when assessing the services pursuant to this Act or to the federal railway development law on the Deutsche Bahn Aktiengesellschaft as well as to the companies established by carve-out in accordance with article 2, paragraph 1 or article 3, para. 3, the General Accounting Office has the rights according to section 91 paragraph 2 sentence 1 of federal budget rules. Inspection rights of Federal regarding other services remain unaffected.