Act To Establish A Deutsche Bahn Aktiengesellschaft

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

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Law on the formation of a Deutsche Bahn Aktiengesellschaft (Deutsche Bahn Founding Act-DBGrG)

Non-official table of contents

DBGrG

Date of expend: 27.12.1993

Full quote:

" Deutsche Bahn Founding Act of 27. December 1993 (BGBl. 2378, 2386; 1994 I p. 2439), as last amended by Article 307 of the Regulation of 31 December 1994. October 2006 (BGBl. I p. 2407) "

:Last modified by Art. 307 V v. 31.10.2006 I 2407

For details, see Notes

Footnote

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

The G has been referred to as Article 2 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 11 (1), first sentence, of this G entered into force on 1.1.1994.

First Section
Establiting

Non-official Table of contents

§ 1 Establishment of the Company

(1) From the Federal Railways, the Bundeseisenbahnen are in compliance with § 20 (1) of the Law for the Merge and Restructuring of the Federal Railways of 27. December 1993 (BGBl. 2378), with the exception of the properties referred to therein, the parts necessary for the provision of rail transport services and for the operation of the railway infrastructure, to a new Joint-stock company. However, the properties taken out in the first sentence must be taken into account in the examination of the breakdown by the register court, as set out in Section 10 (4) for the opening balance sheet.(2) The joint-stock company leads the company "Deutsche Bahn Aktiengesellschaft" (Deutsche Bahn Aktiengesellschaft). Non-official table of contents

§ 2 Breakdown of assets of Deutsche Bahn Aktiengesellschaft, dissolution of Deutsche Bahn Aktiengesellschaft

(1) In three years no later than five years after their registration in the Commercial Register, Deutsche Bahn Aktiengesellschaft shall, at the latest, have the division of the divisions formed in accordance with § 25 to be broken down on newly established public limited liability companies.(2) According to the breakdown referred to in paragraph 1, Deutsche Bahn Aktiengesellschaft may only be subject to a law requiring the consent of the Federal Council,
1.
resolved,
2.
merged with one of the stock companies referred to in paragraph 1 or
3.
on the joint stock companies referred to in paragraph 1.
(3) For the sale of up to 49.9 of the hundred shares and voting rights in the public limited liability companies established under paragraphs 1 and 2, the activity of which includes the construction, maintenance and operation of railway tracks, the authorization shall be required under a law requiring the approval of the Bundesrat. The law shall specify whether 49.9 or a smaller portion of the percentage shall be sold at once or in stages. Non-official table of contents

§ 3 Object of the company

(1) The company is the object of the company
1.
The provision of rail transport services for the carriage of goods and persons;
2.
the operation of the railway infrastructure, including, in particular, the planning, construction, maintenance and management of the operational and security systems;
3.
Business activities related to rail transport.
(2) By amending the Company's Articles of Association, the subject matter of the Company can be extended.(3) The company may take part in undertakings of the same or related nature and may establish and acquire such undertakings. It may, without prejudice to the obligation referred to in Article 2, outsource parts of the object of its undertaking within the meaning of paragraph 1 in whole or in part to such undertakings and shall confine itself to management tasks. Non-official table of contents

§ 4 expansion plan

(1) The executive board of the federal railway assets shall have no later than one month after the entry into force of this To draw up an outline plan, which must be notarized. The nomenclature is to be forwarded to the Federal Ministry of Transport without delay after its notarial assessment.(2) The breakdown plan shall contain at least the following information:
1.
the agreement on the Transfer of the parts of the entrepreneurial sector of the Federal Railways assets within the meaning of Section 1 (1) as a whole against the granting of shares of Deutsche Bahn Aktiengesellschaft;
2.
the time when these shares are entitled to a share of the balance sheet profit, as well as all peculiarities in relation to this claim;
3.
the date from which the actions of the federal railway assets in the entrepreneurial sector are considered to be made for the account of Deutsche Bahn Aktiengesellschaft (breakdown date);
4.
any particular advantage of a member of the board of the federal railway assets or of a member of the board of management or of the The Supervisory Board of Deutsche Bahn Aktiengesellschaft or a statutory auditor is granted;
5.
the exact designation and distribution of the assets of the active and Liabilities that are transferred to Deutsche Bahn Aktiengesellschaft; § 14 remains unaffected. To the extent that a special type of designation is intended for the transfer of objects in the case of individual succession in the general provisions, these arrangements shall also apply in this case. In addition, documents such as balance sheets and inventories can be referred to, the content of which allows the individual object to be allocated.
(3) In the expansion plan, the articles of association of Deutsche Bahn Aktiengesellschaft must be included or noted. Non-official table of contents

§ 5 Application of founding law

(1) The foundation of Deutsche Bahn Aktiengesellschaft is the one for its legal form. shall apply in so far as this law does not give any other reason. The Federal Republic of Germany is the same as the founders.(2) The Federal Ministry of Transport shall appoint the first Supervisory Board, the first Board of Management and the first auditor for the first full-year or Rumpfish fiscal year to be the first auditor. Non-official table of contents

§ 6 Effective breakdown of the expansion plan

The expansion plan shall only be effective if it is provided by the Federal Ministry of Education and Research Transport, in agreement with the Federal Ministry of Finance, agrees in writing. Non-official table of contents

§ 7 Registration and entry in the register

The members of the Executive Board and the Supervisory Board of Deutsche Bahn In the case of a public limited company, Deutsche Bahn Aktiengesellschaft has to register for registration in the Commercial Register in the court in whose district it is intended to have its registered office. In addition to the documents otherwise required, the application shall also be in the form of a copy or a publicly certified copy or, in so far as they do not have to be notarized, in the original copy or copy of the nomenclature and the To be attached to the Federal Ministry of Transport's consent. Non-official table of contents

§ 8 The effect of the registration

(1) The registration of Deutsche Bahn Aktiengesellschaft in the commercial register has the following Effect:
1.
The dissected parts of the federal railway assets including liabilities In accordance with the allocation provided for in the nomenclature, they shall be allocated as a whole to Deutsche Bahn Aktiengesellschaft as a whole. Items that cannot be transferred through legal transactions shall remain the property or ownership of the Federal Railway assets.
2.
The Federal Republic of Germany According to the nomenclature, Germany will be the sole shareholder of Deutsche Bahn Aktiengesellschaft.
3.
The lack of the notarial assessment of the Breakdown plans shall be healed.
(2) deficiencies in the breakdown shall be without prejudice to the effects of the registration referred to in paragraph 1. Non-official table of contents

§ 9 Protection of creditors

(1) The transfer of liabilities to Deutsche Bahn Aktiengesellschaft will result in the Federal railway assets are not exempted from liability for these liabilities. § 418 of the Civil Code shall not apply. Deutsche Bahn Aktiengesellschaft and the Bundeseisenbahnassets are liable for these liabilities as total debtors. In relation to the total debtors, Deutsche Bahn Aktiengesellschaft alone is obliged to do so.(2) The claims of creditors against the federal railway assets from the liabilities listed in the expansion plan shall be forfeited in five years, if the statute of limitations does not already occur earlier in accordance with general regulations. The limitation period shall begin with the date on which the registration of Deutsche Bahn Aktiengesellschaft in the Commercial Register is deemed to have been published in accordance with Section 10 (2) of the Commercial Code. If the claim of the creditor is not due until after that date, the period of limitation shall commence with the date of maturity.(3) The company shall not be liable for liabilities of the Federal Railway assets which have not been transferred to Deutsche Bahn Aktiengesellschaft. Non-official table of contents

§ 10 Opening balance sheet

(1) The opening balance sheet of Deutsche Bahn Aktiengesellschaft is on the date of its registration in the Create a trade register. Section 264 (1) sentence 3 of the Commercial Code shall apply mutas to the time limit for the establishment.(2) The opening balance sheet may also be drawn up on the former date of disconnection, as determined in accordance with § 4 (2) (3); in this case, the Bundeseisenbahnen (Federal Railways) shall be merged and reorganized in accordance with Section 20 (1) and (21) of the Law. to include assets exceeding their values or amounts at the closing date of the opening balance sheet.(3) For the assessment of the ground and soil, § § 7 and 9 of the D-market balance law shall apply in the version of the notice of 18. April 1991 (BGBl. 971, 1951), which was last amended by Article 17 (5) of the Law of 20 June 1991. December 1993 (BGBl. 2182), and accordingly. The book values may be continued for the other assets, taking into account Section 253 (2) and (3) of the Commercial Code. § 36 (3) sentence 1 of the D-market balance law shall apply mutas to the estimates of the book values. In the case of assets that have been transferred from the Deutsche Reichsbahn, § 36 of the D-market balance sheet also applies to the opening balance sheet. 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.(4) The properties transferred to Deutsche Bahn Aktiengesellschaft pursuant to § 21 of the Law on the merging and restructuring of the Federal Railways are, insofar as their collection and evaluation is due to the special circumstances in the area of of the federal railway assets up to the drawing up of the opening balance sheet could not be carried out in its balance sheet at first only with an amount denominated in a total of five billion Deutsche Mark, with only the pure land value is taken into account. If the stock and the actual value of the individual properties are fixed in the drawing up of subsequent annual accounts up to and including the annual accounts for the year 2001, the first sentence of Article 36 (1) of the D-market balance law to set the actual value and to set the profit in the capital reserve in accordance with Section 272 of the Commercial Code. In such cases, the opening balance shall be deemed to be amended. Non-official table of contents

§ 11 Tax regulations

(1) The tax-legal opening balance sheet corresponds to the trade-law audited Opening balance sheet (Section 242 (1) of the Commercial Code) of Deutsche Bahn Aktiengesellschaft; the following special features must be observed. § 5 (2), (3), (4) and (5) and § 6a of the Income Tax Act shall apply. Provisions pursuant to Section 249 (1) sentence 3 and (2) of the Commercial Code may not be formed. § 9 para. 2 sentence 3 and section 3 of the D-market balance law is not applicable. The correction of approaches in accordance with § 10 (4) sentence 2 leads to a correction of the tax opening balance and possible follow-up. If tax assessments have already been adopted, they shall be amended to the extent that the correction of balance sheet or value-added tax leads to a change in profit or loss or has an effect on the determination of unit values.(2) Legal transactions within the meaning of the Basic Advertising Tax Act, which result from the implementation of § § 20 to 24 of the Law for the Merge and Restructuring of the Federal Railways, are exempt from the basic value tax.(3) Paragraphs 1 and 2 shall apply to companies established by way of the breakdown pursuant to Article 2 (1).

Second Section
Staff Management

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§ 12 Officials

(1) Permits of civil servants of the Federal Railways Property for the Perception of an Activity by Deutsche Bahn Public limited companies serve the interests of the service.(2) Officials of the Federal Railways Property, which are not excluded from the civil service relationship or are not certified, shall be assigned to the commercial register of this company from the date of the registration of Deutsche Bahn Aktiengesellschaft, to the extent that: they are not used on the basis of a decision in individual cases in federal railway assets or otherwise. An official of the Bundeseisenbahnassets (Bundeseisenbahnassets) can be assigned to Deutsche Bahn Aktiengesellschaft in the long term if he requests it and there is a service need.(3) Officials of the former Federal Railways, who are on leave of absence at the time of the registration of Deutsche Bahn Aktiengesellschaft, are also assigned to Deutsche Bahn Aktiengesellschaft with the expiry of the leave of absence, if not before the expiry of the Leave of absence of federal railway assets a different decision on further use is made.(4) The legal status of the officials assigned under paragraphs 2 and 3, as well as the overall responsibility of the servant's body, shall be maintained. Deutsche Bahn Aktiengesellschaft is entitled to exercise the right of instruction in so far as the exercise of the service in the operation of Deutsche Bahn Aktiengesellschaft requires it.(5) Deutsche Bahn Aktiengesellschaft is obliged to provide the federal railway assets with the necessary support for the performance of the service tasks and to provide all necessary information for this purpose.(6) Deutsche Bahn Aktiengesellschaft (Deutsche Bahn Aktiengesellschaft) may, in agreement with the Federal Railways, transfer the official assigned to it in accordance with the provisions of paragraphs 2 and 3 to an activity which is to be valued higher. In addition, the Federal Ministry of Transport, Building and Urban Development is authorized to determine, by means of a legal regulation, in agreement with the Federal Ministry of the Interior, in respect of the officials assigned in accordance with paragraphs 2 and 3, which shall: other decisions and other decisions and measures which are directly related to the official performance of the official in the operation of Deutsche Bahn Aktiengesellschaft, Deutsche Bahn Aktiengesellschaft Exercise is carried over.(7) In the event of an official from an assignment in accordance with paragraphs 2 and 3, the remuneration shall be calculated on the basis of the remuneration. In special cases, the supreme service authority, in agreement with the Federal Ministry of the Interior, may, in whole or in part, depart from the bill.(8) Section 8 (3) of the Income Tax Act shall apply mutagenic to the officials assigned pursuant to paragraphs 2 and 3 and the retirement officers of the former special assets of the Deutsche Bundesbahn.(9) The federal railway assets may cancel the assignment in an individual case in agreement with Deutsche Bahn Aktiengesellschaft, or provide for any other use. A prerequisite for the cancellation of an assignment is that a planning point is available for the federal railway assets. Non-official table of contents

§ 13 Legal Supervision

(1) The President of the Bundeseisenbahnassets (Bundeseisenbahnassets) is responsible for the supervision of the Deutsche Bahn Limited liability company in the exercise of the powers conferred upon it for exercise pursuant to section 12 (6), the civil service provisions of this Act and of other laws and regulations are observed. Under this supervision, the President of the Federal Railway Company is entitled to an unrestricted right to be informed by the Board of Management or the Supervisory Board and a right of instruction to Deutsche Bahn Aktiengesellschaft.(2) If the Deutsche Bahn Aktiengesellschaft infringes any provisions of civil service law by acting or ominating, the President of the Bundeseisenbahnassets shall first of all work to ensure that the company is to remedy the infringement. If the company fails to meet the law within a set time limit, the President of the Bundeseisenbahnassets (Bundeseisenbahnfortune) can remedy the infringement itself. In this case, the powers conferred on the Company for exercise shall be transferred to the President of the Bundeseisenbahnassets. The rights and obligations of the operating or general works council as well as the responsible special staff representation remained unaffected. Non-official table of contents

§ 14 Employees

(1) The Executive Board of the Bundeseisenbahnassets (Bundeseisenbahnassets) shall, prior to notification of Deutsche Bahn Aktiengesellschaft for entry in the commercial register, a list in which the departments or parts of a service which, as undertakings or parts of the company within the meaning of section 613a (1) sentence 1 of the Civil Code, have been registered with Deutsche Bahn Aktiengesellschaft with of their registration in the commercial register. A copy of the list shall be attached to the registration of the company for entry in the commercial register and shall be notified in a suitable manner to the employees of the Federal Railways property in a suitable manner.(2) With the registration of Deutsche Bahn Aktiengesellschaft in the commercial register, the company shall enter into the rights and obligations arising from the establishments and operating parts listed in the list referred to in paragraph 1 of this Article in the date of registration. the company in the departments or parts of a service of the Federal Railways ' s wealth of work and training. Compulsory insurance in the Commercial Register at the time of the registration of the company at the Department B of the railway insurance institution, from 1. October 2005 Deutsche Rentenversicherung Knappschaft-Bahn-See, will be continued by the federal railway assets; the expenses arising from the closure of the insurer's stock from the compulsory insurance will be borne by the Federal railway assets. Section 15 (1) of the Law on the reunification and restructuring of the Federal Railways remains unaffected.(3) The collective agreements and service agreements applicable at the time of succession in accordance with paragraph 2 for the employees, workers and trainees of the Federal Railway assets shall be for the employees, workers and apprentices who have been transferred to the Federal Republic of Germany until on the entry into force of new collective agreements or operating agreements concluded by Deutsche Bahn Aktiengesellschaft with the relevant trade unions or works councils.(4) § 613a of the Civil Code shall be applied unless otherwise specified in this Act.(5) Where, on the basis of § 13 of the Working Time Regulations, the revised version published in the Bundesgesetzblatt III, outline number 8050-1, the last of which is provided by Article 21 of the Law of 10. March 1975 (BGBl. 685), the provisions of the Working Time Regulations for Officials on Employees of the Deutsche Bundesbahn and the Deutsche Reichsbahn (Deutsche Reichsbahn) have been transferred by collective agreement, the provisions shall also apply, even if they are subject to the other provisions of the As the content of the collective agreements continues until the entry into force of new collective agreements, the working time regulations are not.(6) Section 8 (3) of the Income Tax Act applies accordingly to the employees of the former special assets Deutsche Bundesbahn and Deutsche Reichsbahn, whose employment relationships are terminated because of the age limit or the award of a pension. . Non-official table of contents

§ 15 Transitional mandate of the local staff councils

(1) The local staff councils in the departments, which are either as establishments or Operating parts are transferred to Deutsche Bahn Aktiengesellschaft, remain transitional. They shall be deemed to be works councils from the date of the transition and shall have the rights and obligations under the Works Constitution Act; Section 17 (2) shall remain unaffected. The transitional mandate shall end as soon as a works council is elected in the companies or operating parts of Deutsche Bahn Aktiengesellschaft and the result of the election is announced, at the latest three months after the date of the transition.(2) Where services in connection with the transition to Deutsche Bahn Aktiengesellschaft are split or combined with other departments or parts of departments, it may be determined by collective agreement which local authority The Staff Committee of those departments shall exercise the rights and obligations referred to in paragraph 1. If a collective agreement does not come into effect, § 20 (1) and (2) shall apply accordingly.(3) The first and third sentences of paragraph 1 and paragraph 2 shall apply mutagentily to the local authorities responsible for the severely disabled. Non-official table of contents

§ 16 Transfers of service transfer contracts

(1) § 12 (2) does not apply to officials who are at the time of the Registration of Deutsche Bahn Aktiengesellschaft in the commercial register on the basis of a service transfer agreement between an existing federal railway company and another company to another company for the service have been left.(2) Deutsche Bahn Aktiengesellschaft does not enter into the rights and obligations arising out of the employment relationships of the employees, workers and trainees who, at the time of the registration of Deutsche Bahn Aktiengesellschaft, entered into the commercial register The reason for a service transfer agreement between an existing federal railway and another company has been left to another company to provide services.(3) Service injunctions between the former Federal Railways and other companies will be continued by the Federal Railways. This also applies if the other companies do not have federal companies within the meaning of Section 2 (6) of the General Railway Act of 27. December 1993 (BGBl. I p. 2378, 2396).(4) In the event of termination or other termination of existing service injunctions, § 12 (1) and (2) as well as § 14 (2) to (4) shall apply accordingly. Non-official table of contents

§ 17 Staff Committee, Representative for the Disabled

(1) In order to safeguard the interests of the officials, who are responsible pursuant to Section 12 (2) and 3 of Deutsche Bahn Aktiengesellschaft, in respect of the decisions and measures of the federal railway assets in question, special personnel representatives are formed in the federal railway assets, which are solely responsible for the railway company's own Deutsche Bahn Aktiengesellschaft assigned officials. The federal railway assets shall determine the composition of the circle of assigned civil servants, each of which is responsible for a special staff representation, by means of an administrative arrangement; the competent staff representative shall act with the staff of the Decision of the federal railway assets. In other respects, the provisions of the Federal Personalization Act shall apply mutatily.(2) In the personnel matters of the civil servants transferred to Deutsche Bahn Aktiengesellschaft and referred to in Article 76 (1) of the Federal Personnel Representation Act, the special staff representation formed at the lowest level has a right of co-determination. The provisions of Section 77 of the Federal Personalization Act are applicable to this right of co-determination.(3) If the special staff representation refuses to give its consent in the cases referred to in paragraph 2, it shall inform Deutsche Bahn Aktiengesellschaft of this in writing, stating the reasons within one week of being informed by Deutsche Bahn Aktiengesellschaft. If the special staff representation of Deutsche Bahn Aktiengesellschaft does not notify the refusal of its consent in writing within the time limit, the consent shall be deemed to have been granted.(4) If no agreement is reached between Deutsche Bahn Aktiengesellschaft and the special Staff Committee in the cases referred to in paragraph 2, the entity shall be immediately notified within two months as to whether a reason to be found to be valid is not available. Refusal of consent within the meaning of Section 77 (2) of the German Federal Personalization Act (Bundespersonalrepresentation gesetz) is available. If the Einigungsstelle does not agree with the opinion of Deutsche Bahn Aktiengesellschaft, then it shall make a recommendation. If Deutsche Bahn Aktiengesellschaft does not comply with the recommendation, it shall submit the matter within ten working days with the recommendation of the regulatory body to the final decision.(5) In the cases referred to in paragraph 4, the unit shall consist of three co-chairs appointed by Deutsche Bahn Aktiengesellschaft and the relevant special staff representative body, and a non-partisan chairman, on the latter's Person agree on both sides. At least two officials must be among the co-workers appointed by the Staff Committee.(6) In disputes pursuant to paragraphs 2 to 5, the Administrative Courts, the Federal Administrative Court in the third legal proceedings, shall be competent. The provisions of the Labour Courts Act on the decision-making procedure apply accordingly.(7) Deutsche Bahn Aktiengesellschaft is obliged to allow the officials assigned to it pursuant to section 12 (2) and (3) to participate in the elections to the special personnel representatives referred to in paragraph 1, and to select officials elected for the performance of To release mandates in the special personnel representations.(8) Paragraphs 1, 2 and 7 shall apply mutagentily to the special youth and trainee representations to be formed, as well as to special representatives of severely disabled persons.(9) Up to the election to the staff representatives referred to in paragraph 1, the joint main staff council formed in accordance with Section 8 (2) and (3) of the Law on the reunification and restructuring of the Federal Railways shall be responsible. Unofficial Table Of Contents

§ 18 Public Service Relationships

(1) The terms of office of the persons who are subject to the terms of § § 8, 9a and 19a of the Federal Railway Act in the revised version published in the Bundesgesetzblatt part III, outline number 431-1, the latest by Article 6 (129) of the Law on the Law of the Railways of the 27. December 1993 (BGBl. 2378), which is subject to a public service relationship with the Federal Government, ends with the registration in the Commercial Register of the Deutsche Bahn Aktiengesellschaft (Deutsche Bahn Aktiengesellschaft), which was founded in accordance with Section 1 (1). The legal relationships between the persons referred to in the first sentence and in accordance with Section 8a (3) of the Federal Railways Act shall be deemed to be employment contracts at the same time with all rights and obligations on Deutsche Bahn Aktiengesellschaft The provisions of Section 8a (1) and (2) and Section 8b (1) sentences 2 and 3 (2) of the Bundesbahngesetz (Bundesbahngesetz) continue to apply mutatily with the proviso that the end of the original term of office shall be replaced by the office of the end of the term of office.(2) The supply arrangements in the official contracts remain unchanged, unless otherwise stipulated in the following; the pension rights arising from the official contracts are directed against the federal railway assets. From the date of the supply case, Deutsche Bahn Aktiengesellschaft shall have the federal railway assets of the supply shares incurred by the office-holder after the transfer of the transfer in accordance with paragraph 1, in proportion to the ratio of the terms of office be reimbursed. Pension rights arising from the contractual relationship shall arise at the earliest after the end of the official contract. The period between the end of the term of office and the end of the official contract shall also apply as an official and waiting period within the meaning of the legal provisions of the official contract.(3) An employment with Deutsche Bahn Aktiengesellschaft or in the case of companies according to § 2 (1) or § 3 (3) shall be equal to a use in the public service within the meaning of Section 53 of the Staff Regulations of Officials. This also applies when meeting with a service from a civil servant's relationship.(4) The supply from the official contract shall be credited to a supply from a civil servant's relationship.(5) In accordance with the provisions of Section 54 of the Staff Services Act, operating services arising from an employment pursuant to paragraph 3 shall be credited to the supply from the official contract.(6) Services in the form of a service provided for in paragraph 3 shall be credited to the supply of a civil servant's ratio to the extent that such benefits do not include the provision of supply from the official contract referred to in paragraph 5 has been cut.(7) Supply claims arising from the official contract do not exist if an office-holder or former official is dismissed because of the omission of his former office or because of significant changes in the contents of the former office within the framework of the previous Duties assigned to functions in connection with the structural reform of the Federal Railways (Bundeseisenbahnen).(8) Supply claims arising from the official contract do not exist if a former official in accordance with § 19a in conjunction with § 8b of the Federal Railways Act for the period after the end of the official contract in accordance with paragraph 1 sentence 2 and before the completion of the 63. The term of life of Deutsche Bahn Aktiengesellschaft or of companies pursuant to § 2 (1) or § 3 (3) for continued employment in comparable and correspondingly remunerated functions as in the terms of the official contract, without incapacity for service shall be prevented from doing so. Sentence 1 shall also apply if it rejects subsequent corresponding offers for further employment. In the case of the other former officials in accordance with Section 19a of the Federal Railways Act, the first sentence shall be applicable in accordance with the proviso that they will lose their pension rights only from the concluded official contract as set out in the second sentence of paragraph 1. Non-official table of contents

§ 19 Valiance of labour law provisions

(1) Officials of the Federal Railways assets, which are the officials of the Federal Railways, as defined in Section 12 (2) and (3) of the Deutsche Bahn Aktiengesellschaft is assigned to the application of regulations on the representation of employees on the Supervisory Board, for the application of the Works Constitution Act and the Spokesperson's Foreign Affairs Act as employees of the Deutsche Bahn Aktiengesellschaft. They are valid for the application of the regulations concerning the representation of the severely disabled as employees of Deutsche Bahn Aktiengesellschaft.(2) Insofar as the Deutsche Bahn Aktiengesellschaft obligations, which it has pursuant to the Works Constitution Act and the Speaker's Committee on Foreign Affairs of 20. December 1988 (BGBl. 2316) and in accordance with the provisions governing the representation of employees on the Supervisory Board and on the representation of the disabled, cannot therefore be fulfilled because they are not servants of the officials assigned to it in accordance with Section 12 (2) and (3), These obligations meet the federal railway assets. unofficial table of contents

§ 20

(omitted) unofficial Table of contents

§ 21 Personnel costs

(1) Deutsche Bahn Aktiengesellschaft makes payments to the Federal Railway assets for the officials assigned to it pursuant to section 12 (2) and (3) in the amount of the expenses incurred by the Deutsche Bahn AG in respect of the expenses incurred by the Deutsche Bahn AG for the Work performance of comparable employees newly employed by the company, including employers ' shares in statutory social security and occupational retirement provision, should be provided or required to provide. To the extent that Deutsche Bahn Aktiengesellschaft provides for other remuneration in accordance with section 12 (7), which are not credited to the remuneration, the calculation of the payments to be made by Deutsche Bahn Aktiengesellschaft pursuant to the first sentence of 1 at least as far as the level of remuneration of the assigned official is concerned, without the inclusion of social security contributions and occupational retirement provision. In addition, it reimburse staff administrative costs to the Federal Railways ' s assets. Until the entry into force of a collective agreement with Deutsche Bahn Aktiengesellschaft, the collective agreements in force in accordance with Section 14 (3) are the basis for the amount of the payments in accordance with the first sentence.(2) Deutsche Bahn Aktiengesellschaft shall reimburse the federal railway assets for special surcharges, the civil servants assigned to the company pursuant to Article 12 (2) and (3) pursuant to the Special Award Ordinance of 13. November 1990 (BGBl. 2451), when these officials are used for the first time in eligible areas from the registration of the company in the commercial register.(3) Deutsche Bahn Aktiengesellschaft shall pay a surcharge to the Federal Railway assets for the officials on the basis of Article 12 (1) of the Company in respect of the amount of the amount paid to them without the grant of a guarantee Social security contributions for a total supply (employee and employer's share of statutory pension insurance and contribution to occupational retirement provision) would have to be provided.(4) Deutsche Bahn Aktiengesellschaft provides federal railway assets with respect to those employees whose employment and training conditions have been transferred to them in accordance with Section 14 (2) and who have been in Division B of the Bahnversicherungsanstalt (Railway Insurance Office). 1. October 2005, Deutsche Rentenversicherung Knappschaft-Bahn-See, is insured, payments are made in the amount of the expenses incurred by the company for the occupational retirement provision of the employees it recruits.(5) The federal railway assets shall be reimbursed by Deutsche Bahn Aktiengesellschaft
1.
at the latest for nine years. from the date of the business commends the costs incurred as a result of the increased staffing requirements in the area of the previous special assets Deutsche Reichsbahn, to the extent that the increased staffing requirements on the technical-operational backlog of the Deutsche Reichsbahn compared to the technical-operational status of the former special assets of the Deutsche Bundesbahn;
2.
the costs that you have to pay Implementation of technical, operational or organisational measures which result in a reduction in personnel, resulting in employment relationships which have been transferred to the company pursuant to § 14 para. 2, are insinable. This does not apply as long as the employees affected by rationalization measures can be employed in another workplace in companies of Deutsche Bahn Aktiengesellschaft.
(6) Paragraph 5 (5) no. 2 applies accordingly to the following reasons: of the public service obligations of officials assigned to Deutsche Bahn Aktiengesellschaft, with the proviso that the obligation to provide the company in accordance with paragraph 1 for the benefit of the undertakings concerned by rationalization measures Officials are not required. The assignment of an official pursuant to § 12 (2) and (3), for which Deutsche Bahn Aktiengesellschaft's service obligation is no longer required, is to be cancelled by the Bundeseisenbahnassets (BundeseisenbahnAssets); § 12 (9) sentence 1 shall not apply.(7) Deutsche Bahn Aktiengesellschaft shall, on a monthly basis, establish the amount of the claims referred to in paragraphs 1 to 5, and shall also indicate the payments referred to in paragraph 6 and shall establish the balance. The balance is to be balanced. The date on which payments and refunds are to be made in accordance with paragraphs 1 to 6 shall be the date of the registration of the company in the commercial register.(8) Details of the implementation of paragraphs 1 to 7 shall be agreed between the Federal Railway assets and the Deutsche Bahn Aktiengesellschaft. The agreement requires the approval of the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance.(9) The Deutsche Bahn Aktiengesellschaft annually takes account of the personnel costs referred to in paragraphs 1 to 6, accompanied by a confirmation of the auditor appointed for the audit of the annual financial statements. At the request of the Bundeseisenbahnassets, the personnel costs of Deutsche Bahn Aktiengesellschaft shall be determined by an auditor or an accounting firm to be appointed in agreement with it; this or this company shall be responsible for: may not be statutory auditor in accordance with the first sentence. The costs of this chartered accountant or of the accounting firm are half of the federal railway assets and Deutsche Bahn Aktiengesellschaft. Non-official table of contents

§ 22 Assumption of contaminated sites

(1) The federal government makes a contribution to reducing the economic and ecological legacy of the contaminated sites. in the area of the previous special assets Deutsche Reichsbahn and granted for this purpose the Deutsche Bahn Aktiengesellschaft for nine years from the date of the business admission allowance
1.
as part of the available budget for expenses incurred by it public and private-legal obligations to remove environmental pollution on land of the previous special assets Deutsche Reichsbahn, insofar as these environmental pressures are before the 1. They are likely to pose a threat to the life or health of people or to property, and in so far as the expenses exceed the amount in the opening balance sheet of the former special assets of Germany. Reichsbahn for this purpose is set as a provision;
2.
for investments in the property, property, as defined in section 266 (2) of the Commercial Code and Modernisations of existing property assets for the approximation of the rail network and other necessary federal railway infrastructure (freight transport, long-distance rail passenger transport, rail passenger transport) in the The scope of the previous special assets Deutsche Reichsbahn to the expansion level, the technical equipment and the productivity level in the current area of the previous special assets Deutsche Bundesbahn; for the investments in the In the years 1994 to 2002, sachanlage assets and modernisations of existing property assets are up to 33 billion Germans, in accordance with the opinion of an auditor or an accounting firm. mark, of which at least 30 of the hundred for investments in tangible assets used for the rail passenger transport sector;
3.
within the framework of the Budget resources available for increased material costs for existing property items within the meaning of Section 266 (2) of the Commercial Code on the approximation of the state of the art, the technical equipment and the Productivity levels in the current range of the previous special assets Deutsche Reichsbahn to the level in the current area of the previous special assets Deutsche Bundesbahn.
With regard to the temporarily increased staffing requirements The reasons for the productivity backlog referred to in points 2 and 3 shall apply to § 21 (5) no.(2) Details of the implementation of paragraph 1 shall be laid down in agreements between Deutsche Bahn Aktiengesellschaft and the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance.(3) The benefits requested in accordance with paragraph 1 shall be in detail in the annual economic plan of Deutsche Bahn Aktiengesellschaft, with a medium-term investment and personnel planning on the basis of an annual budget to set out the operational concept to be updated. Deutsche Bahn Aktiengesellschaft coordinates the investment planning with the countries of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in accordance with a corresponding agreement. The necessary computational works can be found in Commissioned by the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance are audited by a Chartered Accountant or an accounting firm.(4) Details of the participation of the countries referred to in the second sentence of paragraph 3 in the implementation of the first sentence of paragraph 1 shall be laid down in an administrative agreement between the Federal Republic of Germany and those countries. Non-official table of contents

§ 23 Application of rules to affiliated companies

§ § 12, 13, 17, 19, 21 and 22 shall apply mutagenically to The companies listed in accordance with Article 2 (1). In the case of companies which have been broken down in accordance with section 3 (3), the first sentence shall apply with the proviso that the new legal entity carries out business activities within the meaning of section 3 (1) (1) or (2). Non-official table of contents

§ 24 legal regulations

Legal regulations under the second section of this law do not require approval

Third Section
Organization, Economic Governance and Audit

Non-official Table of contents

§ 25 Internal breakdown

Within Deutsche Bahn Aktiengesellschaft, at least the sections "passenger transport", "long-distance passenger transport", "freight traffic" and "travel" are organized in organisational and computational terms. . The assets are to be assigned to the respective areas. Non-official table of contents

§ 26 Participation in social institutions, recognition

Deutsche Bahn Aktiengesellschaft has no later than after the expiry of six months after being entered in the Commercial Register in relation to the Federal Railway's assets, whether they are in Division B of the Railway Insurance Office and of any of those in the annex to Section 15 (2) of the Law on Merit and The reorganization of the federal railway companies or self-help facilities of the Federal Railways assets is involved or acknowledges these. Non-official table of contents

§ 27 Examination rights of the Federal Court of Auditors

(1) Examination of the Federal Government's activities with Deutsche Bahn Pursuant to Section 92 of the German Federal Budget Code, Aktiengesellschaft and the companies established by outsourcing pursuant to § 2 (1) or (3) (3) are governed by the Federal Budget Code.(2) In the case of the examination of the benefits under this Act or under the Federal Railways Construction Act to Deutsche Bahn Aktiengesellschaft, as well as to the companies established by the spin-off pursuant to § 2 (1) or § 3 (3), the Federal Court of Auditors the rights in accordance with § 91 (2) sentence 1 of the federal budget order. Audit rights of the Federal Audit Office regarding other services remain unaffected.