German rail chief warns Italo's entry could spark legal battles and market chaos

Philipp Nagl, CEO of DB InfraGO, has warned against giving special treatment to Italian train operator Italo as it prepares to enter the German long-distance rail market in 2028. He argues that such a move could trigger legal chaos and harm competition rather than help it grow. Nagl criticised proposals for a short-term 'new entrant clause' designed to ease Italo’s entry into Germany. He called the idea legally risky, warning it could lead to years of court battles. Courts might even strike down track access rules as non-compliant with EU law within 18 months.

The old multi-year framework agreements from 2017 were scrapped because of their complexity and legal uncertainty. Nagl stressed that a new binding legal framework under the EU’s Capacity Regulation won’t apply until 2031. Until then, any special conditions for Italo could create extreme instability in the market. Despite his concerns, Nagl remains optimistic about competition in long-distance rail. He insisted that any changes must ultimately benefit passengers, not just new operators.

Nagl’s warnings highlight the risks of fast-tracking special rules for Italo. Without a solid legal framework until 2031, any short-term fixes could backfire in court. The focus, he argues, should remain on fair competition that improves services for travellers.