At the beginning of 1994, the Deutsche Bundesbahn (German Federal Railway) and the Deutsche Reichsbahn, the railway of the former GDR, were merged in the course of the railway reform to form a special fund of the Federation without a legal personality (the Federal Railways Fund –
Bundeseisenbahnvermögen), and Deutsche Bahn AG, a corporation under private law, was founded. When the real property was divided between the Federal Railways Fund and Deutsche Bahn AG, not only what is known as real property necessary for railway operation (
bahnnotwendige Liegenschaften) but also some real property not necessary for railway operation was transferred to Deutsche Bahn AG. In order to part with the real property that was not, or no longer, regarded as necessary for railway operation, Deutsche Bahn AG founded subsidiaries to which it sold the real estate in question, which mainly included administration buildings that were no longer needed. In 2007, Deutsche Bahn AG intended to sell the subsidiaries to a consortium in their entirety. The sales contract on this, which was officially recorded by a notary in September 2007, was entered into under the condition precedent of approval by the Federal Government. The sale of the subsidiaries was deliberated afterwards in the German
Bundestag’s Transport Committee, last on 10 October 2007, before the Federal Government declared its consent in November 2007.
Jetzt die ganze Nachricht auf JuraPortal24.de lesen: Application in Organstreit proceedings on railway-owned real estate held inadmissible Parliament has no right of approval with regard to the sale of Deutsche Bahn AG assets
Quelle: Pressemitteilung des Bundesgerichtshofs vom 28.12.2011
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