Concept and Legal Nature of the Federal Railway Assets
Das Bundeseisenbahnvermögen (BEV) is a legal special-purpose fund administration of the federal government in Germany. It was established as part of the 1994 railway reform and is currently governed by the Railway Reorganization Act (ENeuOG), especially in § 2 ENeuOG. The BEV primarily manages assets, personnel, and pension claims that did not transfer to Deutsche Bahn AG (DB AG) during the privatization and restructuring of the former Deutsche Bundesbahn (DB) and Deutsche Reichsbahn (DR).
Historical Development and Legal Foundations
Railway Reform and Establishment of the BEV
With the entry into force of the Railway Reorganization Act on January 1, 1994 (BGBl. I 1993, 2378 ff.), the state railways in Germany were fundamentally reorganized. The tasks, powers, and assets of the Deutsche Bundesbahn and Deutsche Reichsbahn were partly transferred to the newly established Deutsche Bahn AG and partly to the newly created Bundeseisenbahnvermögen.
The legal basis for the BEV is, in particular, the ENeuOG. According to § 2 ENeuOG, the Bundeseisenbahnvermögen is a federal, legally capable public law corporation under the supervision of the Federal Ministry for Digital Affairs and Transport.
Purpose and Scope of Duties
The BEV has the specific mandate to administer and settle pension liabilities, assets, as well as various civil service matters taken over from the railway service relationship that were not transferred to DB AG. The primary duties arise from § 3 ENeuOG.
The scope of duties includes in particular:
- Administration of properties, tangible assets, and other assets assigned by law
- Fulfillment of obligations towards former employees, such as pension obligations and benefit payments
- Exercise of fiduciary duties (e.g., asset management for the federal government of residual assets)
Organization and Administration
Legal Status and Internal Structure
The Bundeseisenbahnvermögen acts as an independent corporation and has its own bodies. Its organizational structure is set out in the implementing regulation to the ENeuOG and its own statutes.
The BEV maintains a headquarters in Bonn as well as several branch offices to ensure the efficient and proper management of its assigned tasks. The presiding officer is the President, who is supported by other members of the authority’s management.
Supervision and Legal Oversight
According to § 6 ENeuOG, the Bundeseisenbahnvermögen is under the technical supervision of the Federal Ministry for Digital Affairs and Transport. This ministry assigns certain areas of responsibility to the BEV and can issue instructions for the proper fulfillment of statutory duties. Auditing is carried out by the Federal Court of Audit in accordance with § 111 of the Federal Budget Principles Act.
Asset Management
Nature and Scope of Assets
The Bundeseisenbahnvermögen manages substantial assets that were not transferred to Deutsche Bahn AG. These particularly include:
- Real estate and land that continue to belong to the federal government
- Movable property, insofar as it does not serve operational purposes of DB AG
- Other rights and obligations in connection with tasks of the former Bundesbahn/Reichsbahn, e.g., from old contracts
Transfer of Properties and Land Sales
The management and sale of real estate are carried out in accordance with specific legal and budgeting regulations. The sale or disposal of properties often takes place in coordination with other federal authorities and with due regard to fiscal interests.
Civil Service, Employment, and Pension Law
Personnel Transfer and Civil Servant Status
In the course of the railway reform, many civil servants of the former Bundesbahn and Reichsbahn remained in federal service. They were transferred to the administrative area of the Bundeseisenbahnvermögen and are subject to the so-called Federal Railway Civil Service Law.
The legal status as senior service authority is vested by law in the Bundeseisenbahnvermögen. Civil service matters are governed by general federal civil service law as well as specific railway service regulations.
Pensions and Benefits
The BEV is responsible for ensuring the provision of pensions and benefits for former and active railway civil servants. This includes pension payments, benefit payments in cases of illness, and other civil service entitlements.
Disputes concerning pension matters are decided by the administrative courts. The legal bases are laid down in the ENeuOG, the Civil Servants Pensions Act, and other special laws.
Significance and Current Developments
The BEV plays a central role in processing the tasks arising from the railway reform. Despite ongoing processing, there remain generations of pension and administrative obligations that the BEV must fulfill for the federal government.
As residual assets are continuously transferred, the workforce is steadily reduced through natural attrition, and remaining assets are utilized, the task profile of the BEV is constantly evolving.
Legal Sources
- Eisenbahnneuordnungsgesetz (ENeuOG)
- Federal Budget Principles Act
- Federal Civil Servants Act
- Civil Servants Pensions Act
Literature Reference and Further Links
- Michael Meyer: The Railway Reform and the Bundeseisenbahnvermögen, in: NVwZ 1994, p. 281 ff.
- Official website of the Bundeseisenbahnvermögen: bev.bund.de
- Federal Law Gazette: Text of the Railway Reorganization Act
This article provides a detailed explanation of the Bundeseisenbahnvermögen from a legal perspective, including its historical development, organizational structure, statutory duties, and its significance for public employment law and management of federal assets in connection with the railway reform.
Frequently Asked Questions
What legal foundations govern the duties and responsibilities of the Bundeseisenbahnvermögen?
The legal foundations of the Bundeseisenbahnvermögen (BEV) are primarily set out in the Bundeseisenbahnvermögensgesetz (BEVVG), the Eisenbahnneuordnungsgesetz (ENeuOG), as well as supplementary federal legislation. The BEVVG details the areas of responsibility and administrative competences of the BEV, in particular regarding the fiduciary management of the federal government’s ownership in the assets of the former Deutsche Bundesbahn and Deutsche Reichsbahn. The ENeuOG, in particular, regulates the reorganization of railway companies as part of the 1994 railway reform and delineates the responsibilities between the Bundeseisenbahnvermögen and the newly established railway infrastructure and transport companies, especially Deutsche Bahn AG. Provisions of civil service law and budgetary law also apply, as the BEV remains responsible for pension and personnel matters of former civil servants. At the European level, the regulations on free competition and the unbundling of network and operations must be observed, which are concretized by national law with regard to the BEV.
What duties does the Bundeseisenbahnvermögen fulfill in the area of pensions for former civil servants?
The Bundeseisenbahnvermögen assumes specific sovereign pension responsibilities for civil servants and pension recipients who were formerly employed by the federal railways. This includes, in particular, the calculation, determination, and payment of retirement pensions, survivors’ benefits, and other civil service entitlements (e.g., allowances). The legal foundations are found in the Federal Civil Servants Act (BBG), the Civil Servants Pensions Act (BeamtVG), as well as relevant transitional provisions under the railway reform. With regard to these groups, the BEV serves as the highest administrative authority and is responsible for personnel and pension-related decisions, which in practice involves considerable legal and organizational complexity.
In what form is the Bundeseisenbahnvermögen a legal entity and how is it administered?
Pursuant to § 2 BEVVG, the Bundeseisenbahnvermögen has the legal form of a federal public law corporation with headquarters in Bonn. It operates as an independent legal entity and is entitled to initiate legal proceedings and be sued in its own name. Legal supervision is exercised by the Federal Ministry for Digital Affairs and Transport (BMDV). The administrative structure follows a multi-level system, with the BEV General Directorate as the central management and decision-making body. Various branches with regional responsibilities are subordinate to it. Administratively, the BEV has its own budgeting and accounting system and is subject to the provisions of the Federal Budget Code.
What legal particularities apply to the assets of the Bundeseisenbahnvermögen?
The assets of the BEV have a special status: they are predominantly successor assets of the former Deutsche Bundesbahn and Deutsche Reichsbahn, which are managed by the BEV in a fiduciary capacity under law. Legal transactions involving these assets must especially comply with the requirements of the BEVVG and budgetary law. Sales, encumbrances, or any other disposal of the assets therefore often require notification to and approval from the BMDV. There are also specific provisions regarding legacy issues, liability, and reversal arising from the period of the railway reform, particularly regarding real estate and operational properties no longer needed for railway infrastructure.
What legal control and audit mechanisms are in place for the Bundeseisenbahnvermögen?
The BEV is subject to a wide range of control mechanisms: in addition to technical supervision by the BMDV, the Federal Court of Audit and, where applicable, the German Bundestag are authorized to examine it through budgetary control. In the case of pension benefits for civil servants, additional control is exercised by specialized audit services and, if necessary, courts under administrative and social law. Internal audits and externally mandated audit bodies also continuously monitor the proper management of business in accordance with current law.
What is the legal relationship between the Bundeseisenbahnvermögen, railway infrastructure companies, and Deutsche Bahn AG?
Following the 1994 railway reform, the former state railway was transformed into companies organized under private law, foremost among them Deutsche Bahn AG. Since then, the BEV has been legally and organizationally strictly separated from these companies. While DB AG and its subsidiaries operate as joint stock companies under the German Stock Corporation Act (AktG), the BEV remains rooted in public law. Asset transfers, personnel law assignments, and infrastructure contracts each require specific statutory foundations and are accompanied by supervision and legal controls in order to prevent any mingling of public and private interests. The BEV, therefore, has no direct authority to issue instructions or influence the operational decisions of DB AG.
What particularities exist in the legal relationship regarding the properties and real estate of the Bundeseisenbahnvermögen?
The sale, administration, and use of former railway properties are subject to complex legal requirements. Properties that are no longer permanently required for railway operations can, in accordance with § 8 BEVVG and additionally § 63 Federal Budget Code (BHO), be sold. The so-called Railroad Installations Act (EBAnlG) must be observed, which particularly concerns railway infrastructure, environmental protection, and planning law. Third-party rights, especially existing easements, hereditary building and usage rights from the former operating periods and from privatization, must be legally clarified case by case. In the context of re-designation, there is often an obligation to involve public authorities and to comply with procurement procedures.
