On 21 December 2023, the Commission decided to send an additional letter of formal notice to Germany for incorrectly transposing the rules on the single European railway area, a Union-wide system of rail networks to allow the expansion of the sector based on competition, technical harmonisation and joint development of cross-border connections.

In particular, Germany has failed to correctly transpose some of the provisions of Directive 2012/34/EU which, amongst the other things, lays down the rules applicable to the management of railway infrastructure and to rail transport activities of the undertakings established or to be established in a Member State as well as the principles and procedures applicable to the setting and collecting of railway infrastructure charges and the allocation of their capacity. On 10 October 2019, therefore, the Commission sent a first letter of formal notice. Despite Germany has addressed some of the shortcomings raised therein, however, the Commission has raised additional concerns with regard to the national legislation newly notified. 

Germany now has two months to satisfactorily reply to the arguments raised by the Commission, otherwise the latter may decide to send a reasoned opinion. 

Marco Stillo