Hogan Lovells advises FlixMobility on state aid complaint

Led by Hamburg partner Marc Schweda, international law firm Hogan Lovells advised FlixMobility GmbH (FlixMobility) on their State aid complaint to the EU Commission regarding State aid granted by the German government to Deutsche Bahn AG (DB) in the wake of the Corona pandemic.

The complaint is directed against the implicit guarantee of the Federal Government for new debt of DB up to a total amount of now EUR 35 billion as well as against the equity capital increase of EUR 5 billion agreed with and already formally prepared by the Federal Government. 

The complaint is not directed against the Federal Government's crisis aid measures for DB as such. However, the aid package for DB must be accompanied by strict competition measures and remedies that compensate for the massive distortion of competition in favour of DB and create the basis for fair competition in long-distance passenger rail transport. 

The EU Commission’s official decision is still pending.

Hogan Lovells Team for FlixMobility GmbH

Dr. Marc Schweda (Partner), Nikita Ivlev (Associate) (both Antitrust, Hamburg);

Dr. Christoph Wünschmann (Partner, Antitrust, Munich): 

Peter Huber (Partner, Corporate, Munich).

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