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Petitionsausschuss des Deutschen Bundestages

GERMANY

TRANSFER OF MORE GOODS TRAFFIC TO THE RAILWAYS

Berlin: (hib/MIK) The Petitions Committee of the German Bundestag supports the transfer of more goods traffic to the railways. It therefore unanimously resolved recently to submit the associated petition to the Federal Ministry of Transport, Building and Housing (BMVBW) "as material" and to the parliamentary groups in the German Bundestag "for information".
With its petition, the petitioner hopes to achieve a change in current transport policy and demands the transfer of goods traffic to the railways. He calls for more extensive fundamental political decisions to be made in favour of the railways as a mode of transport. Ways must be found to prevent the further dismantling of track facilities in Germany, to take the rail network out of the hands of Deutsche Bahn AG (DB AG) in the interest of competition, and to preserve government influence on structural decisions concerning the railways as a transport network within the framework of its regulatory policy.

The Committee agreed with the petitioner that a functioning railway system is of "paramount importance" in view of the steadily growing traffic problems on the roads and the associated environmental burden. The goal, also pursued by the Federal Government, of transferring more goods traffic to the railways plays a key role in this context. Investments must be made in the rail infrastructure in order to transfer traffic. According to the Committee, the dismantling of track facilities by DB AG counteracts this goal.
According to the Committee, the Federal Government allocates taxpayers' money for the maintenance and development of the rail infrastructure. Consequently, it should also have a say in the effective use of these budget funds. The statement made by the Ministry, indicating that the

Federal Government does not try to influence the business decisions of DB AG because the strict separation of state and business tasks was a primary objective of the railways reform, satisfied the Petitions Committee "only to a point", because the Government is a major shareholder of DB AG. The "Railways Task Force" established by the Federal Government has since proposed measures intended to lead to increased independence of the rail network from DB AG and to more competition in the interest of passengers and goods transport customers. The Petitions Committee considers the proposals of the Task Force to be an important and practical step in the right direction. However, it is of the opinion that further steps towards an independent rail network are necessary. In the opinion of the Committee, the Federal Government should base its decisions solely on the degree to which such independence would further the goal of promoting rail traffic.

EXTENDING THE SCOPE OF THE ACT ON THE SETTLEMENT OF OPEN PROPERTY QUESTIONS

Berlin: (hib/MIK) Even now, more than ten years after the Wall came down, the Petitions Committee still has to deal with questions relating to German reunification. Seven different petitioners have claimed the return of, or alternatively compensation for, property which was claimed by the former GDR authorities for public use but where there was a subsequent failure to pay or set off compensation. The authorities responsible for settling open property questions had rejected the applications for return of the properties, referring to the provisions of the Act on the Settlement of Open Property Questions. The petitioners were of the opinion that these cases should be made eligible for compensation under the Act.

As part of the parliamentary assessment, the Federal Ministry of Justice stated that the then Government had suggested, during the parliamentary debate on the Property Rights Adjustment Law, that the retrospective payment of compensation be regulated. The Bundesrat had requested that the Mediation Committee be convened to discuss the matter. The Länder wanted the Redemption Fund for Inherited Liabilities and therefore the Federal Budget to bear the cost of the retrospective payment of compensation claims which were not determined or paid when the property was expropriated in the GDR. The Mediation Committee then deleted the retrospective payment of compensation so as not to jeopardise the rest of the Property Rights Adjustment Law. A decision by the Federal Court of Justice in 2000 has since clarified the point that persons whose property has been expropriated, or their successors in title, may bring a claim for retrospective payment of compensation against the assignee.
The only point which the courts have not yet clarified is the question of the limitation period for bringing claims. In order to clarify this issue, the Petitions Committee therefore considered it necessary that a statutory ruling be found which would solve the problem of so-called "unresolved compensation cases". The Petitions Committee therefore unanimously supported the Petitioners' request that the Act on the Settlement of Open Property Questions be extended as soon as possible to include properties which were expropriated under the expropriation legislation of the former GDR in return for compensation but where there was a subsequent failure to determine or pay the compensation. It therefore referred the relevant petitions to the Federal Government "for consideration" and to the parliamentary groups of the German Bundestag "for their information".

Petitionsausschuss des Deutschen Bundestages

GERMANY

TRANSFER OF MORE GOODS TRAFFIC TO THE RAILWAYS

Berlin: (hib/MIK) The Petitions Committee of the German Bundestag supports the transfer of more goods traffic to the railways. It therefore unanimously resolved recently to submit the associated petition to the Federal Ministry of Transport, Building and Housing (BMVBW) "as material" and to the parliamentary groups in the German Bundestag "for information".
With its petition, the petitioner hopes to achieve a change in current transport policy and demands the transfer of goods traffic to the railways. He calls for more extensive fundamental political decisions to be made in favour of the railways as a mode of transport. Ways must be found to prevent the further dismantling of track facilities in Germany, to take the rail network out of the hands of Deutsche Bahn AG (DB AG) in the interest of competition, and to preserve government influence on structural decisions concerning the railways as a transport network within the framework of its regulatory policy.

The Committee agreed with the petitioner that a functioning railway system is of "paramount importance" in view of the steadily growing traffic problems on the roads and the associated environmental burden. The goal, also pursued by the Federal Government, of transferring more goods traffic to the railways plays a key role in this context. Investments must be made in the rail infrastructure in order to transfer traffic. According to the Committee, the dismantling of track facilities by DB AG counteracts this goal.
According to the Committee, the Federal Government allocates taxpayers' money for the maintenance and development of the rail infrastructure. Consequently, it should also have a say in the effective use of these budget funds. The statement made by the Ministry, indicating that the

Federal Government does not try to influence the business decisions of DB AG because the strict separation of state and business tasks was a primary objective of the railways reform, satisfied the Petitions Committee "only to a point", because the Government is a major shareholder of DB AG. The "Railways Task Force" established by the Federal Government has since proposed measures intended to lead to increased independence of the rail network from DB AG and to more competition in the interest of passengers and goods transport customers. The Petitions Committee considers the proposals of the Task Force to be an important and practical step in the right direction. However, it is of the opinion that further steps towards an independent rail network are necessary. In the opinion of the Committee, the Federal Government should base its decisions solely on the degree to which such independence would further the goal of promoting rail traffic.

EXTENDING THE SCOPE OF THE ACT ON THE SETTLEMENT OF OPEN PROPERTY QUESTIONS

Berlin: (hib/MIK) Even now, more than ten years after the Wall came down, the Petitions Committee still has to deal with questions relating to German reunification. Seven different petitioners have claimed the return of, or alternatively compensation for, property which was claimed by the former GDR authorities for public use but where there was a subsequent failure to pay or set off compensation. The authorities responsible for settling open property questions had rejected the applications for return of the properties, referring to the provisions of the Act on the Settlement of Open Property Questions. The petitioners were of the opinion that these cases should be made eligible for compensation under the Act.

As part of the parliamentary assessment, the Federal Ministry of Justice stated that the then Government had suggested, during the parliamentary debate on the Property Rights Adjustment Law, that the retrospective payment of compensation be regulated. The Bundesrat had requested that the Mediation Committee be convened to discuss the matter. The Länder wanted the Redemption Fund for Inherited Liabilities and therefore the Federal Budget to bear the cost of the retrospective payment of compensation claims which were not determined or paid when the property was expropriated in the GDR. The Mediation Committee then deleted the retrospective payment of compensation so as not to jeopardise the rest of the Property Rights Adjustment Law. A decision by the Federal Court of Justice in 2000 has since clarified the point that persons whose property has been expropriated, or their successors in title, may bring a claim for retrospective payment of compensation against the assignee.
The only point which the courts have not yet clarified is the question of the limitation period for bringing claims. In order to clarify this issue, the Petitions Committee therefore considered it necessary that a statutory ruling be found which would solve the problem of so-called "unresolved compensation cases". The Petitions Committee therefore unanimously supported the Petitioners' request that the Act on the Settlement of Open Property Questions be extended as soon as possible to include properties which were expropriated under the expropriation legislation of the former GDR in return for compensation but where there was a subsequent failure to determine or pay the compensation. It therefore referred the relevant petitions to the Federal Government "for consideration" and to the parliamentary groups of the German Bundestag "for their information".