Regulatory Law

Operators, authorities and carriers offer their services within highly regulated markets. Infrastructure, revenue sharing, energy and sales in the railways and electromobility markets have become strongly regulated and it is essential that rail and road services are procured, and purchased, with the aim of avoiding errors while achieving optimum performance.

Legal certainty within the network of regulatory requirements

Orth Kluth's focus lies in local public transport (ÖPNV) and regulated railway markets (passenger and freight transportation). At the interface of regulatory law, antitrust law and contract law, we provide our clients with solutions from a single source, which are the result of committed specialisation and long-standing experience. We complement forward-looking advice by actively representing your position with the authorities and, if necessary, before the courts.

As a transportation company, infrastructure operator, public authority or industrial company with a need for legal counselling on various regulatory issues, you are at the right place with us.

Commissioned by ministries at federal and state level, we are involved as independent external consultants in legislative projects and have issued numerous position papers over the years.

Focus on local public transport

We assist public transport companies in all legal issues relating to market access, for example in connection with scheduled concessions and the procurement of transportation contracts. We advise public authorities and transport associations on passenger transportation law, public procurement law and subsidies law (e.g. Regulation 1370/2007). We assist you in the conclusion of tariff and sales cooperation agreements and are at your side if a conflict arises between the parties. We are just as familiar with infrastructure usage fees (routes, stations) as we are with energy procurement, including the use of alternative drives.

Focus on rail freight transport

We consult players within the rail freight transport sector in all aspects concerning network access, in particular the regulation of charges and allocation of train paths, as well as in any cases of discrimination against private railway undertakings. We represent our clients in proceedings with the Federal Railway Authority, the Federal Network Agency and the Federal Cartel Office and assist them in asserting or defending regulatory claims. We establish and review terms of use both for the rail network and traffic-related service facilities.

Focus on electromobility

The need for advice on the regulatory framework conditions for electromobility has steadily increased over the past few years. Our lawyers have been devoted to this development from an early stage. For this reason, you are assured of competent support in drafting contracts for a wide variety of contractual service relationships within the field of electromobility.