Germany

Federal Administrative Court declares City of Stuttgart‘s co-financing of S 21 constitutional

The German Federal Administrative Court, sitting in Leipzig, ruled on 14 June 2016 as the final court of appeal that the involvement of the federal state and the respondent, the state capital of Stuttgart, in the financing of the Stuttgart 21 rail project does not constitute “inadmissible co-financing of third-party public works”. The court thus declared inadmissible a citizens‘ initiative, via which the opponents of the project hoped to achieve a referendum on the state capital’s withdrawal from its contractually agreed financial obligations.

“This verdict by the Federal Administrative Court now means that there is a chance of finding a rational solution for financing of the extra costs of Stuttgart 21”, commented Peter Sturm, CEO of DB Projekt Stuttgart–Ulm GmbH. The project participants had laid down in the financing agreement signed in 2009 for the Stuttgart 21 rail project that Deutsche Bahn AG (German Railways) and the federal state should enter negotiations if the project costs exceeded 4.526 billion euros.

On 5 March 2013, the Deutsche Bahn AG supervisory board approved an overall cost estimate of 5.987 billion euros for the restructuring of the Stuttgart 21 rail hub, plus a further 539 million euros as a contingency buffer. The overall financial scope of Stuttgart 21 has, since this date, been 6.526 billion euros.

State capital Stuttgart cooperates on and is involved in the financing of Stuttgart 21 via a series of contracts made between the project participants between 1995 and 2009. In 2011, the plaintiffs, representing a citizens’ initiative signed by more than 35 000 Stuttgart residents, petitioned for the holding of a referendum on “Withdrawal of the City from the Stuttgart 21 project”. Their aim was to oblige the city to cite to its project associates the alleged unconstitutionality of its co-financing activities and to refrain from making any further payments toward the project. The state capital’s municipal council declined the admission of the initiative. The legal action by the initiative’s representatives was then dismissed at the initial and second hearings; subsequent appeals also failed.

x

Related articles:

Issue 2014-02 Austria

Construction halted at Semmering Base Tunnel‘s North Portal

Start of construction and construction halted in the same month: work on the first contract section of the Semmering Base Tunnel had scarcely begun in January when the Austrian administrative court...

more
Germany

Stuttgart 21: Breakthrough of the Last Tunnel to the Main Station

The tunnel makes the connection between the future main station and the airport particularly fast: today, the connection takes just under half an hour; in the future, the journey time will be only...

more
Issue 2020-03 Germany

Stuttgart 21: Breakthrough of the Last Tunnel to the Main Station

At the beginning of May 2020, German Railways (DB) reached another milestone in the Stuttgart 21 project: With the breakthrough of the eastern tube of the 9.5 km long Filder Tunnel, the last of four...

more
Issue 2019-03 Finland + Estonia

15 Billion Euros Funding for Subsea Tunnel between Helsinki and Tallinn

The development company FinEst Bay Area Development in Helsinki intends to build a rail tunnel with two tubes under the Gulf of Finland between the Estonian capital of Tallinn and the capital of...

more
Germany

Stuttgart 21: Project Partners Celebrate the Start of Tunnel Driving for the Airport Traffic Hub

With the new railway line and the airport railway station on the Filder plain, the first part of a transport hub for Baden-Württemberg will be created by the end of 2025, which will benefit around...

more