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Law on the formation of 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)

Unofficial table of contents

DBGrG

Date of completion: 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. 2407). "

Status: Last amended by Art. 307 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

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

The G was decided as Article 2 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994.

First section
Establishment

Unofficial table of contents

§ 1 Establishment of the Company

(1) In compliance with the provisions of Section 20 (1) of the Law on the Merge and Restructuring of the Federal Railways of 27 December 1993 (BGBl I), the Federal Railways ' assets are to be fulfilled. 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 is leading the company " Deutsche Bahn Aktiengesellschaft ". Unofficial table of contents

§ 2 Breakdown of the 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, be divided into the areas formed in accordance with § 25 on newly established public limited liability companies. (2) In accordance with paragraph 1, Deutsche Bahn Aktiengesellschaft can only act on the basis of a law requiring the approval of the Federal Council,
1.
dissolved,
2.
fused with one of the public limited liability companies referred to in paragraph 1, or
3.
to the public limited liability companies referred to in paragraph 1.
(3) For the sale of up to 49.9 of the hundred shares and voting rights in the joint stock companies formed pursuant to paragraphs 1 and 2, the activity of which includes the construction, maintenance and operation of railway tracks, the authorization shall be: required by 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. Unofficial table of contents

§ 3 Subject matter of the company

(1) The subject matter of the company shall be:
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 operational and safety systems;
3.
Activities related to rail transport related areas.
(2) By amending the articles of association of the company, the object of the company may be extended. (3) The Company may participate in companies of the same or related kind as well as establish and acquire such companies. 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. Unofficial table of contents

§ 4 expansion plan

(1) At the latest one month after the entry into force of this Act, the Executive Board of the Bundeseisenbahnassets shall draw up a nomenclature 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 must contain at least the following information:
1.
the agreement on the transfer of the parts of the entrepreneurial sector of the Federal Railway assets within the meaning of Article 1 (1) as a whole against the granting of shares of Deutsche Bahn Aktiengesellschaft;
2.
the date on which such shares are entitled to a share of the balance sheet profit, and all the particularities in relation to that claim;
3.
the date from which the actions of the federal railway assets in the entrepreneurial sector are deemed to have been made for the account of Deutsche Bahn Aktiengesellschaft (date of breakdown);
4.
any particular advantage granted to a member of the board of directors of the federal railway assets or to a member of the board of directors or of the supervisory board of Deutsche Bahn Aktiengesellschaft or a statutory auditor;
5.
the exact name and division of the assets and liabilities transferred to Deutsche Bahn Aktiengesellschaft; § 14 shall remain unaffected. To the extent that a special type of designation is intended for the transfer of goods in the case of individual succession in the general rules, 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 determined. Unofficial table of contents

§ 5 Application of the founding law

(1) The formation of Deutsche Bahn Aktiengesellschaft shall apply to the founding regulations in force in respect of its legal form, unless otherwise provided by this law. The Federal Republic of Germany is the same as the founders. (2) The Federal Ministry of Transport appoints the first Supervisory Board, the first Board of Management and the first auditor for the first full-year or Rumpfish fiscal year. Unofficial table of contents

Section 6 Reaction of the expansion plan

The nomenclature will only be effective if the Federal Ministry of Transport agrees in writing to it in agreement with the Federal Ministry of Finance. Unofficial table of contents

Section 7 Registration and registration in the register

The members of the Executive Board and the Supervisory Board of Deutsche Bahn Aktiengesellschaft have to register Deutsche Bahn Aktiengesellschaft with the court in whose district it is intended to have its registered office for registration in the Commercial Register. 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. Unofficial table of contents

Section 8 Effects of registration

(1) The registration of Deutsche Bahn Aktiengesellschaft in the commercial register shall have the following effect:
1.
The outsourced parts of the federal railway assets, including the liabilities, shall be allocated as a whole to Deutsche Bahn Aktiengesellschaft in accordance with the allocation provided for in the breakdown plan. Items that cannot be transferred through legal transactions shall remain in the ownership or ownership of the Federal Railways ' assets.
2.
The Federal Republic of Germany will become the sole shareholder of Deutsche Bahn Aktiengesellschaft in accordance with the scope of the expansion plan.
3.
The lack of the notarial assessment of the expansion plan is healed.
(2) deficiencies in the breakdown shall be without prejudice to the effects of the registration referred to in paragraph 1. Unofficial table of contents

Section 9 Protection of creditors

(1) As a result of the transfer of liabilities to Deutsche Bahn Aktiengesellschaft, 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 the ratio of the total debtors to each other, Deutsche Bahn Aktiengesellschaft is obligated alone. (2) The claims of the creditors against the federal railway assets from the liabilities listed in the expansion plan shall be passed in five years. years, if the statute of limitations does not occur earlier, in accordance with general rules. 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 becomes due only after that date, the limitation period shall begin with the date of maturity. (3) For liabilities of the Federal Railway assets which have not been transferred to Deutsche Bahn Aktiengesellschaft, the company is not liable. Unofficial table of contents

Section 10 Opening balance

(1) The opening balance sheet of Deutsche Bahn Aktiengesellschaft shall be drawn up on the date of its registration in the commercial register. § 264 (1) sentence 3 of the Commercial Code applies accordingly. (2) The opening balance sheet may also be drawn up on the previous breakdown date specified in accordance with § 4 (2) (3); in this case, these are according to § § 4 (3) of the German Commercial Code. 20 (1) and (21) of the Law on the merging and restructuring of the Federal Railways (Bundeseisenbahnen) with their values or amounts on the reporting date of the opening balance sheet. (3) For the evaluation of the land, the following shall apply: § § 7 and 9 of the D-Markbalances Act, as amended by the Notice of 18 April 1991 (BGBl. 971, 1951), as last amended by Article 17 (5) of the Law of 20 December 1993 (BGBl). 2182). For the other assets, the book values may be continued, 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) sentence 2 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 Act on the basis of Section 21 of the Act The merger and restructuring of the Federal Railways to Deutsche Bahn Aktiengesellschaft has been transferred to Deutsche Bahn Aktiengesellschaft as far as its collection and evaluation is due to the special conditions in the field of federal railway assets up to the Preparation of the opening balance sheet could not be carried out, but only in its balance sheet with a total amount of DM 5 billion in total, taking into account only the basic value of the land. 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. Unofficial table of contents

Section 11 Tax provisions

(1) The tax-legal opening balance sheet corresponds to the audited trade-law opening balance sheet (Section 242 (1) of the German Commercial Code) of Deutsche Bahn Aktiengesellschaft; the following particularities are to 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 issued, they must be amended to the extent that the correction of balance sheet or value-based transactions leads to a change in profit or loss or has an effect on the determination of unit values. (2) Legal transactions in the The meaning of the basic advertising tax law resulting from the implementation of § § 20 to 24 of the Law on the merging and restructuring of the federal railways is exempt from the basic value tax. (3) The first and second paragraphs apply to companies, which are established by way of the breakdown according to § 2 para. 1, accordingly.

Second section
Staff management

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§ 12 Officials

(1) Permits of officials of the Federal Railways property for the purpose of carrying out an activity at Deutsche Bahn Aktiengesellschaft serve the interests of the service. (2) Officials of the Federal Railways Property, who do not excrete the civil service or are not certified, are assigned to the commercial register of this company from the date of the registration of Deutsche Bahn Aktiengesellschaft, unless they are based on a decision on a case by case basis with the federal railway assets, or are otherwise used. 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 at the time of the registration of the Deutsche Bahn Aktiengesellschaft is also assigned to Deutsche Bahn AG with the expiry of the leave of absence, unless a different decision on the further German railway assets is taken before the expiry of the leave of absence from the federal railway assets. (4) The legal status of those referred to in paragraphs 2 and 3 , as well as the overall responsibility of the Dienstherrn, are maintained. Deutsche Bahn Aktiengesellschaft is entitled to exercise the right of instruction in so far as the exercise of service in the operation of Deutsche Bahn Aktiengesellschaft requires it. (5) Deutsche Bahn Aktiengesellschaft is obligated to provide the Federal Railways (6) Deutsche Bahn Aktiengesellschaft (Deutsche Bahn Aktiengesellschaft) may, in agreement with the officials assigned to it in accordance with paragraphs 2 and 3, provide the assistance required by the the federal railway assets a higher activity to be assessed transfer. 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 (7) An official from an allocation shall be given in accordance with the Paragraphs 2 and 3 other references shall be credited to 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 offsetting. (8) Section 8 (3) of the Income Tax Act applies to the officials assigned under paragraphs 2 and 3 and the retirees of the former special assets Deutsche Bundesbahn accordingly. (9) The federal railway assets may cancel the assignment in an individual case in agreement with Deutsche Bahn Aktiengesellschaft, or otherwise use . A prerequisite for the cancellation of an assignment is that a planning point is available for the federal railway assets. Unofficial table of contents

Section 13 Legal supervision

(1) The President of the Bundeseisenbahnassets (Bundeseisenbahnassets) is responsible for the supervision that Deutsche Bahn Aktiengesellschaft, in the exercise of the powers conferred on it by virtue of Section 12 (6) of the exercise, shall be subject to the civil service law. Provisions of this law and other laws and regulations are observed. Under this supervision, the President of the Bundeseisenbahnassets (Bundeseisenbahnassets) 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) Becce a The President of the Bundeseisenbahnassets (Bundeseisenbahnassets) shall first of all act to ensure that the company is to remedy the infringement of the law. If the company does not meet the deadline 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. Unofficial table of contents

§ 14 Employees

(1) The Management Board of the Bundeseisenbahnassets (Bundeseisenbahnassets) shall, prior to the application of Deutsche Bahn Aktiengesellschaft, provide for registration in the commercial register a list in which the departments or parts of a service which are listed as holdings or parts of the business register in the The meaning of Section 613a (1), first sentence, of the Civil Code to Deutsche Bahn Aktiengesellschaft, with its entry in the Commercial Register, is included. A copy of the list shall be attached to the registration of the company for registration in the commercial register and shall be notified in a suitable manner to the employees of the Bundeseisenbahnassets (Bundeseisenbahnassets) in a suitable manner. (2) With the registration of the Deutsche Bahn The company shall enter into the commercial register the company in accordance with the establishments and operating parts listed in the list referred to in paragraph 1 in respect of the rights and obligations arising from the date of the registration of the company with the services or parts of a service of the Federal Railways ' s assets Training conditions. 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 to employees, workers and employees at the time of succession in accordance with paragraph 2 of this article Apprentices of the federal railway assets are decisive for the acquired employees, workers and trainees until the entry into force of new collective agreements or operating agreements, which Deutsche Bahn Aktiengesellschaft and the competent authorities responsible for Trade unions or works councils. (4) § 613a of the Civil Unless otherwise specified in this Act, the Code shall be applicable. (5) Where, on the basis of § 13 of the Working Time Regulations, the revised version published in the Bundesgesetzblatt, Part III, outline number 8050-1, the most recently by Article 21 of the Law of 10 March 1975 (BGBl. 685), the provisions relating to working time for civil servants on employees of the Deutsche Bundesbahn and the Deutsche Reichsbahn (Deutsche Reichsbahn) are governed by collective agreements, even if they are subject to the other provisions of the (6) Section 8 (3) of the Income Tax Act applies accordingly to the employees of the former special fund Deutsche Bundesbahn and Deutsche Bundesbahn (German Federal Railways) Reichsbahn, whose employment relationships are due to reaching the age limit or The granting of a pension has ended. Unofficial table of contents

Section 15 Transitional mandate of the local staff councils

(1) The local staff councils in the departments, which are transferred to Deutsche Bahn Aktiengesellschaft as holdings or operating parts, 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 ends 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 transition. (2) Will services in the context of the transition to Deutsche Bahn Aktiengesellschaft, or grouped together with other departments or parts of departments, the local staff of those departments may be determined by collective agreement the rights and obligations referred to in paragraph 1 shall be taken into account. If a collective agreement does not come into effect, § 20 (1) and (2) shall apply. (3) (1) (1) and (3) and (2) shall apply mutagentily to the local severely disabled persons ' representatives. Unofficial table of contents

Section 16 Transfers of service transfer contracts

(1) § 12 (2) does not apply to civil servants who, at the time of the registration of Deutsche Bahn Aktiengesellschaft, are entered in the commercial register on the basis of an existing one between an existing federal railway and another company. (2) Deutsche Bahn Aktiengesellschaft does not enter into the rights and obligations arising from the employment relationships of the employees, the workers and the employees. Apprentices who, at the time of the registration of Deutsche Bahn Aktiengesellschaft, in the A commercial register has been left to another company for the provision of services on the basis of a service transfer contract existing between an existing Federal Railways and another company. (3) Between previous Federal Railways and other companies ' existing service injunction contracts are continued by the Federal Railway assets. This also applies if the other companies do not have federal companies within the meaning of § 2 para. 6 of the General Railway Act of 27 December 1993 (BGBl. (4) In the event of termination or other termination of existing service injunction agreements, § 12 (1) and (2) and 14 (2) to (4) shall apply accordingly. Unofficial table of contents

§ 17 Staff representation, representative representation of the severely disabled

(1) In order to safeguard the interests of officials assigned to Deutsche Bahn Aktiengesellschaft pursuant to Article 12 (2) and (3) of Deutsche Bahn AG, the federal railway assets shall be subject to the decisions and measures of the Federal Railway assets in question. Special personnel representatives are formed, which are selected exclusively by the officials assigned to Deutsche Bahn Aktiengesellschaft. 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 addition, the provisions of the Federal Personnel Representation Act shall apply mutatily. (2) Staff matters of officials transferred to Deutsche Bahn Aktiengesellschaft and referred to in Article 76 (1) of the Federal Personnel Representation Act (Bundespersonalgesetz) the special staff representative established at the lowest level shall have a right of co-determination. The provisions of Section 77 of the Federal Personnel Representation Act shall apply 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 do so by stating the following: Reasons to be notified in writing 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 period, the agreement shall be deemed to have been granted. (4) If there is a public agreement between Deutsche Bahn Aktiengesellschaft and Deutsche Bahn AG, the special staff representative does not agree in the cases referred to in paragraph 2, it shall be immediately notified to the office of settlement, which shall establish within two months whether a reason to refuse consent within the meaning of section 77 (2) of the Federal Code of Personalization of the Federal Republic of Germany. If the Einigungsstelle does not agree with the opinion of Deutsche Bahn Aktiengesellschaft, then it shall make a recommendation. If the 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 for the final decision. (5) The In the cases referred to in paragraph 4, the unit shall consist of three co-sitters appointed by Deutsche Bahn Aktiengesellschaft and the relevant special staff representative body, and a non-partisan chairman, on the person of whom 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 Court Act on the decision-making procedure apply accordingly. (7) Deutsche Bahn Aktiengesellschaft is obliged to take part in the elections to the officials assigned to it in accordance with Section 12 (2) and (3). (8) The provisions of paragraphs 1, 2 and 7 shall apply in accordance with the special youth and/or youth groups to be formed, and Trainees and special representatives of severely disabled persons. (9) To the The staff representatives referred to in paragraph 1 shall be elected by the Joint Main Personnel Council, which is formed in accordance with Article 8 (2) and (3) of the Law on the merging and restructuring of the Federal Railways. Unofficial table of contents

Section 18 Public-law terms

(1) The terms of office of the persons according to § § 8, 9a and 19a of the Federal Railways Act in the revised version published in the Bundesgesetzblatt Part III, outline number 431-1, the latest by Article 6 (129) of the German Federal Railways Act Railway Reorder Law of 27 December 1993 (BGBl. 2378), in 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 as all rights and obligations on Deutsche Bahn Aktiengesellschaft The provisions of Section 8a (1) and (2) and Section 8b (1) sentences 2 and 3, section 2 of the Bundesbahngesetz (Bundesbahngesetz) continue to apply, with the proviso that the end of the term of office shall be replaced by the end of the original term of office. (2) The Supply arrangements in the official contracts remain unchanged, to the extent that nothing is available in the following , the pension rights arising from the official contracts shall be directed against the Federal Railways ' s assets. From the date of the supply case, Deutsche Bahn Aktiengesellschaft shall have the federal railway assets 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 of the Federal Railways to . 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) Companies according to § 2 (1) or § 3 (3) are the same for use in the public service within the meaning of Section 53 of the Staff Regulations Act. This also applies when meeting with a service from a civil servant relationship. (4) The supply from the official contract is credited to a supply from a civil service ratio. (5) Operational services from an employment in accordance with paragraph 3, the supply from the official contract shall be credited; otherwise, Section 54 of the Staff Services Act shall apply. (6) Services in the form of a service provided for in paragraph 3 shall be based on the provision of a service from a The proportion of civil servants is credited to the extent to which they are (7) Supply claims arising from the official contract do not exist if an office-holder or former office-holder is dismissed due to the omission of his/her previous (8) Supply claims arising from the official contract are required. (8) Supply claims from the official contract are required. not, if a former official in accordance with § 19a in connection with § 8b of the Federal Railway Act for the period following the end of the official contract referred to in the second sentence of paragraph 1 and before the end 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. Unofficial table of contents

Section 19 Application of labour law provisions

(1) The officials of the Bundeseisenbahnassets, which are assigned to Deutsche Bahn Aktiengesellschaft pursuant to Article 12 (2) and (3), apply to the application of provisions concerning the representation of employees on the Supervisory Board, for the application of the Operating constitutional law and the Spokesperson's Committee on Foreign Affairs as employees of Deutsche Bahn Aktiengesellschaft. They apply to 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 according to the German Works Constitution Act and the Spokesperson of the Federal Government of 20 December 1988 (BGBl. 2316) and in accordance with the provisions on 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 pursuant to Section 12 (2) and (3) of the Staff Regulations. , these obligations shall be met by the federal railway assets. Unofficial table of contents

§ 20

(dropped) Unofficial table of contents

Section 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 which it reproduces for the work performance of comparable, from the company. should be provided for or should be provided by employees to be employed, including employers ' shares in the statutory social security scheme and in occupational retirement provision. 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 Special surcharges, the civil servants assigned to the company pursuant to § 12 (2) and (3) pursuant to the Special Award Ordinance of 13 November 1990 (BGBl. I p. 2451) if these officials are used for the first time in the trade register in the eligible areas from the registration of the company. (3) Deutsche Bahn Aktiengesellschaft pays to the federal railway assets for those pursuant to § 12 of the German Federal Railways (BundeseisenbahnAssets) (1) on the part of civil servants, officials leave a surcharge in the amount of the amount which they do without the grant of a guarantee scheme for social security contributions for a total supply (employee and employer's share of the statutory health insurance) Pension insurance and contribution to occupational retirement provision) (4) Deutsche Bahn Aktiengesellschaft makes a contribution to the federal railway assets in respect of those employees whose employment and training conditions have been transferred to them pursuant to Section 14 (2) and which are listed in the railway insurance institution Division B, from 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) Federal railway assets reimburse Deutsche Bahn Aktiengesellschaft
1.
At the latest for nine years from the date of the start of business, 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 the technical-operational backlog of the Deutsche Reichsbahn in comparison to the technical-operational status of the former special assets of the Deutsche Bundesbahn;
2.
the costs incurred by it in carrying out technical, operational or organisational measures which result in a staff reduction requirement, the employment relationships which have been transferred to the company pursuant to Article 14 (2), are insinable. This does not apply as long as the employees affected by rationalization measures can be employed at another workplace in companies of Deutsche Bahn Aktiengesellschaft.
(6) Paragraph 5 (2) shall apply in accordance with service conditions of the officials assigned to Deutsche Bahn Aktiengesellschaft in accordance with public service law, on the understanding that the obligation to provide the company in accordance with paragraph 1 shall apply to: the officials concerned by rationalisation measures are deleted. The assignment of an official pursuant to § 12 (2) and (3), for which Deutsche Bahn Aktiengesellschaft's service obligation is no longer required, must be cancelled by the BundeseisenbahnAssets (Bundeseisenbahnfortune); § 12 (9) sentence 1 shall not apply. (7) Deutsche Bahn On a monthly basis, the amount of the exposures referred to in paragraphs 1 to 5 shall be fixed at a later date; in addition, it shall 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 entered between the Federal railway assets and Deutsche Bahn Aktiengesellschaft agreed. 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 in accordance with paragraphs 1 to 6, shall be 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. Unofficial table of contents

Section 22 acquisition of contaminated sites

(1) The Federal Government shall contribute to the reduction of the economic and environmental legacy in the area of the former special assets Deutsche Reichsbahn and shall, for this purpose, be granted to Deutsche Bahn Aktiengesellschaft for nine years from the date of the business uptake of benefits
1.
within the limits of the available budget for expenses incurred by it in the fulfilment of public and private legal obligations for the elimination of environmental pollution on land of the previous special assets Deutsche Bank In so far as these environmental pressures arose prior to 1 July 1990 and from which they pose risks to the life or health of persons or to property, and to the extent that the costs exceed the amount in the course of the period of Opening balance sheet of the previous special assets Deutsche Reichsbahn for is set as a provision for this purpose;
2.
for investments in property, plant and equipment within the meaning of section 266 (2) of the Commercial Code and the modernisation of existing property assets for the approximation of the rail network and the other necessary Railway infrastructure of the Federal Government (freight transport, long-distance rail passenger transport, rail passenger transport) in the area of the previous special assets Deutsche Reichsbahn to the construction stand, the technical equipment and the productivity level in the current area of the previous special assets Deutsche Bundesbahn; for the Investments in property and modernizations of existing property assets are up to 33 in the years 1994 to 2002, in accordance with the opinion of an auditor or an audit firm. Billions of Deutsche Mark, of which at least 30 are from the hundred for investments in tangible assets that are used for local rail passenger transport;
3.
within the limits of the available budgetary resources for increased material costs for existing objects in property, plant and equipment 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 temporary increased staffing requirements for reasons of the productivity backlog mentioned in points 2 and 3, section 21 (5) no. 1. (2) Details of the implementation of paragraph 1 shall be entered into agreements between Deutsche Bahn Public limited company and the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance. (3) The grants requested in accordance with paragraph 1 are to be found in the annual economic plan to be set up Deutsche Bahn Aktiengesellschaft connected with a medium-term To present investment and personnel planning on the basis of an operating concept to be updated annually. 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. On behalf of the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Finance, the necessary calculating units can be audited by an auditor or an audit firm. (4) Details of the The participation of the countries referred to in the second sentence of paragraph 3 in the implementation of the first sentence of paragraph 1 of this paragraph shall be governed by an administrative agreement between the Federal Republic of Germany and those countries. Unofficial table of contents

Section 23 Application of regulations to affiliated companies

§ § 12, 13, 17, 19, 21 and 22 shall apply mutagenically to the companies issued pursuant to section 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). Unofficial table of contents

Section 24 Legal Regulations

Legal regulations due to the second section of this law do not require the approval of the Bundesrat.

Third Section
Organisation, economic governance and audit

Unofficial table of contents

§ 25 Internal outline

Within Deutsche Bahn Aktiengesellschaft, at least the areas of "local passenger transport", "long-distance passenger transport", "freight traffic" and "travel route" must be separated from each other in an organisational and computational way. The assets are to be assigned to the respective areas. Unofficial table of contents

Section 26 Participation in social institutions, recognition

No later than six months after their registration in the Commercial Register, Deutsche Bahn Aktiengesellschaft has to declare to the Federal Railways, whether it is at the Department B of the railway insurance institution and at the individual in the form of a the annex to Section 15 (2) of the Law on the merging and restructuring of the Federal Railways (Bundeseisenbahnen) or self-help facilities of the Federal Railways ' assets is involved or acknowledges these. Unofficial table of contents

Section 27 Examination rights of the Federal Court of Auditors

(1) The examination of the Federal Government's activities with Deutsche Bahn Aktiengesellschaft as well as the companies established by the spin-off in accordance with § 2 (1) or § 3 (3) is governed by § 92 of the Federal Budget Code. (2) In 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 in accordance with § 2 (1) or § 3 (3) has the Federal Court of Auditors ' rights according to § 91 (2) sentence 1 of the federal budget order. Audit rights of the Federal Audit Office regarding other services remain unaffected.