Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called 'regional factors' (Regionalfaktoren). The defendant DB Netz AG, the infrastructure subsidiary of Deutsche Bahn AG, maintains approx. 87% of the rail network in Germany. The plaintiff is a private railroad undertaking which provides transport services in local rail passenger transport and, for these purposes, used lines of the defendant for scheduled train services in the federal states of Saxony, Thuringia and Bavaria. Under the provisions of the General Railway Act (AEG) and the Railway Infrastructure Usage Ordinance (EIBV) applicable during the relevant period, the defendant was
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The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amounts to an abuse of dominance notwithstanding regional factors (DB Netz)
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