Legal Classification of the Deutsche Reichsbahn
Die Deutsche Reichsbahn was both a railway company and a state institution, whose legal structure and development were significantly shaped by the political and legal framework conditions of each historical period. The term refers both to the rail system in Germany from the 1920s onwards and to its legal particularities and regulations, especially with regard to status, organization, ownership structure, and their integration into the state legal system.
Historical Development and Legal Basis
Foundation and Legal Status from 1920
Following the entry into force of the Weimar Constitution in 1920, the Deutsche Reichsbahn was established as a central, unified railway organization within the German Reich by the ‘Law on the German State Railways’ (Reich Railways Law, REG) dated 30 March 1920. This law abolished the previous state railways as independent legal entities and transferred their assets, rights, and obligations to the ownership and administration of the Deutsche Reichsbahn. The Reichsbahn was granted the status of a public-law corporation with its own legal personality and was subject to the supervision of the Reich Ministry of Transport.
The REG established the foundations for the structure, scope of activities, and allocation of assets. The Deutsche Reichsbahn could acquire rights, incur liabilities, hold real estate in its own name, and appear as a party in court. Its legal independence was expressly emphasized.
Receivership Under the Dawes Plan
Significant legal changes arose with the Dawes Plan of 1924: As part of the reparations agreement, the Deutsche Reichsbahn was placed under management controlled by the creditors (Deutsche Reichsbahn-Gesellschaft, DRG), which was formally organized under private law but remained state-owned. The holding structure and bodies, including the Board of Management, were governed by international agreements.
Nazi Era and Martial Law
During National Socialism (1933-1945), the Deutsche Reichsbahn was re-nationalized and more closely integrated into the state system. Legal regulations such as the ‘Reich Railways Act’ of 1937 confirmed its position as a Reich institution and reimposed restrictions on the previously far-reaching autonomy.
With the outbreak of war, the Deutsche Reichsbahn was subject to wartime administrative law. It assumed essential logistical functions, e.g., for transporting materials and people as part of state measures, which led to the expansion and restriction of railway law at the same time (such as with regard to expropriation and seizure of assets).
Postwar Era and the Division of Germany
After World War II, the Deutsche Reichsbahn in the western occupation zones was transferred to the respective state administrations and in 1949 transformed into the Deutsche Bundesbahn. In the Soviet Occupation Zone and the later GDR, the name ‘Deutsche Reichsbahn’ (DR) was retained.
The Deutsche Reichsbahn in the GDR (1949-1993)
Legal Status and Organization
In the GDR, the Deutsche Reichsbahn operated as a state-owned transport company and was assigned to the Ministry of Transport. It was a ‘volkseigener Betrieb’ (publicly owned enterprise) with its own legal personality and was subject to socialist ownership and control regulations. A key legal basis for this was the Law on the Deutsche Reichsbahn of the GDR. The DR was responsible for rail operations throughout the entire territory of the GDR and, through agreements with the Western powers, also for rail traffic in Berlin (West).
Special Regulation for Berlin
An international peculiarity lay in the management of rail operations in the western part of Berlin. Due to Allied regulations, the DR was granted the right to operate rail services—including the S-Bahn—even in West Berlin, regardless of the political division. This resulted in the continued legal personality of the Deutsche Reichsbahn, even beyond its actual area of operation.
Legal Succession and Privatization
With the entry into force of the Unification Treaty in 1990 and the associated restoration of German unity, the Deutsche Reichsbahn was continued as an independent organization and, together with the Deutsche Bundesbahn, gradually entered into legal succession of the GDR’s bodies. Ultimately, both companies were merged into Deutsche Bahn AG and their assets transferred in accordance with Article 26 of the Unification Treaty in 1993.
Legal Particularities and Tasks
Public Transport Law
As an infrastructure operator, the Deutsche Reichsbahn was subject to public railway law, regulated for instance in the General Railway Act and specific ordinances. This included issues of transportation law, tariff law, liability law, as well as the state’s authorization and supervisory obligations. Compliance with technical regulations and safety standards was ensured by special ordinances.
Railway Operational Law and Property Issues
Operational law regulated to what extent the rail network could be used, how operating licenses were granted, and which public interests—especially safety, environmental protection, and spatial planning—had to be taken into account.
In addition, there were specific property issues, particularly regarding expropriations, acquisition, and use of land for railway facilities, regulated by special railway law provisions.
Labor Law Aspects
Employees of the Deutsche Reichsbahn were mostly subject to public service law, with special status regulations applying. In the GDR, employment relationships were centrally regulated through collective agreements and legal requirements.
Transport Contracts and Liability
The Deutsche Reichsbahn concluded transport contracts with the state as well as with users and other companies. The conditions of carriage, for example in passenger or freight transport, were set by rules similar to general terms and conditions; liability in cases of damage was regulated through public liability law.
Summary and Legal Succession
Throughout its eventful history, the Deutsche Reichsbahn was subject to complex legal and state regulations—from its founding as a state-independent corporation, through its operation in the GDR, to its incorporation into Deutsche Bahn AG. The respective legal regulations established its operational mandate, ownership structure, public supervision, and legal status within the German railway system.
According to current legal status, the Deutsche Reichsbahn no longer exists as a separate legal entity. Its obligations and rights have been transferred to Deutsche Bahn AG, while the term remains relevant today primarily in historical and legal contexts. The archiving and review of Reichsbahn records is carried out by the Federal Archives and specialized institutions.
Frequently Asked Questions
Who legally owned the Deutsche Reichsbahn after World War II?
After World War II, the Deutsche Reichsbahn was treated differently in the four occupation zones. In the Soviet occupation zone, it largely remained as a legal entity and later became the foundation for the Deutsche Reichsbahn of the GDR. Formally and legally, the Deutsche Reichsbahn was a state enterprise under the legal supervision of the relevant GDR authorities, but continued to operate based on Reich laws until the introduction of specific GDR laws. In the territory of West Germany, rail operations became legally and organizationally independent in 1949 with the founding of the Deutsche Bundesbahn, and the ownership rights of the former Reichsbahn assets in the western zones were transferred to the Federal Republic of Germany. In the GDR, the Deutsche Reichsbahn was and remained formally state property and was designated as special assets of the state budget.
What was the legal status of the Deutsche Reichsbahn in the GDR?
The Deutsche Reichsbahn in the GDR had the status of an independent state-owned enterprise with special assets. It was subordinate to the Ministry of Transportation of the GDR and, as a special state enterprise, was equipped with its own budget and specific obligations and rights, but remained closely bound to the directives and laws of the GDR authorities. The legal framework was defined by the Law on the Deutsche Reichsbahn as well as supplementary legal ordinances. Despite retaining its name, there was no legal continuity with the Reichsbahn of the German Reich as understood in West Germany; instead, it was a state-owned enterprise operated under GDR law.
Did the Deutsche Reichsbahn continue to exist legally after 1990?
With German reunification on October 3, 1990, the Deutsche Reichsbahn was continued as federal special assets in accordance with the Unification Treaty (Articles 26 and 27). The legal independence of the Deutsche Reichsbahn as a company under GDR law initially remained in place to continue managing transport in the new federal states as a whole. Only with the entry into force of the Railway Restructuring Act in 1993 was the Reichsbahn dissolved effective December 31, 1993. The assets, rights, and obligations were transferred to Deutsche Bahn AG, established in 1994.
What was the significance of the legal status of the Deutsche Reichsbahn for rail operations in Berlin (West)?
According to the Four Power Agreement, the Deutsche Reichsbahn was entrusted with conducting rail operations in the western sectors of Berlin even after the founding of the Federal Republic of Germany and the GDR. The legal basis for this was Allied control rights, which granted the Reichsbahn, as the legal successor of rail transport in the Berlin metropolitan area, sole operational responsibility for local and long-distance services in West Berlin until reunification. Therefore, the West Berlin rail lines were, in fact and law, owned and operated by the Deutsche Reichsbahn until 1994, and not by the Deutsche Bundesbahn or the city of Berlin, which resulted in significant constitutional and administrative legal issues (especially with regard to personnel, operations management, and station rights).
Was the Deutsche Reichsbahn the legal successor of the Reichsbahn of the German Reich?
From a legal perspective, there was a disputed status regarding direct legal succession of company assets and liabilities. The Deutsche Reichsbahn of the GDR claimed succession, insofar as the assets were located in GDR territory. In the Federal Republic, the Deutsche Bundesbahn assumed most of the assets as well as operational rights and obligations, while in the GDR, the newly constituted Deutsche Reichsbahn under GDR law operated as an independent, state-owned company. International agreements and supranational law (especially in the context of war consequences and Allied control regulations) distinguish more finely regarding succession in specific transport and liability issues.
What liability law applied to the Deutsche Reichsbahn in the GDR and after reunification?
For regular operations of the Deutsche Reichsbahn in the GDR, the liability provisions of railway operations under GDR railway law applied. Liability for accidents, transport damage, or disputes was determined exclusively according to GDR internal laws. After reunification, the liability regulations under the Unification Treaty and, subsequently, general German railway law continued to apply. The Reichsbahn remained liable as a separate special asset until its merger with the Deutsche Bundesbahn to form Deutsche Bahn AG in 1994; from then on, the newly established Deutsche Bahn AG assumed liability.
Under what legal conditions was the transfer of assets from the Deutsche Reichsbahn to Deutsche Bahn AG carried out?
The transfer of assets was based on the Unification Treaty and the Railway Restructuring Act. According to this law, all operational assets, rights, and obligations (including personnel and material resources) of the Deutsche Reichsbahn, together with those of the Deutsche Bundesbahn, were retroactively transferred to Deutsche Bahn AG as of January 1, 1994. Legally, this meant the complete dissolution of the previous state-owned special assets and the formation of Deutsche Bahn AG as a stock corporation under German private law, whose shares initially remained fully owned by the federal government. The transfer was carried out by legal fiction, simplifying the process administratively and replacing individual legal actions.
