GERMAN Rail (DB) has failed in its latest attempt to force its partners to share cost overruns on the late-running €11.45bn Stuttgart 21 project to replace the city’s surface-level main station with new underground platforms.
The administrative court of the southwest German state of Baden-Württemberg ruled on August 5 that DB may not appeal a decision made by Stuttgart’s administrative court in May 2024 that the state owned railway is solely liable for additional costs associated with the project, which are now believed to have risen to more than €7bn, excluding court costs.
Since 2016, DB has been trying to share the overrun with project partners, the Baden-Württemberg state government, the Stuttgart city government, the Stuttgart transport authority (VRS), Stuttgart Airport and the German federal government. However, together these partners successfully argued in court that they had agreed to co-fund the project on a fixed-cost basis.
Shortly after the ruling last May, DB said it would contest the decision of Stuttgart’s administrative court. But the higher administrative court of Baden-Württemberg found that DB had not presented any reasons justifying leave to appeal. “There are no serious doubts about the correctness of the judgment, and no procedural errors have been committed. The Stuttgart ruling is therefore final,” the court states.
According to a court spokeswoman, DB has now exhausted its administrative court options, although it is technically possible for the operator to appeal to the federal constitutional court. DB says it is now reviewing the administrative court’s full ruling and cannot comment until this review is complete.
Last month, DB finally confirmed, after a series of delays, that the opening date for the new station will be December 2026, although only part will become operational at that time, with the existing surface-level station remaining open until the end of 2027.
Partners react
The latest court decision has been welcomed by the government of Baden-Württemberg. “The administrative court confirmed what we have been saying for years,” says state transport minister Winfried Hermann. "We've talked enough, and we've paid enough. The lawsuit had no basis from the start, there was a clear contract."
Stuttgart Airport also welcomed the decision. "The airport has invested a total of €359m in the entire project, a significant contribution for our company," says a spokesperson.
Rail industry concern
The decision has not been widely welcomed by the German rail industry, however, which points out that DB, which recently revealed lacklustre results in its 2025 interim report, does not have the capital to pay for the cost overruns. There is therefore concern about where the money to foot the bill will ultimately come from.
“Neither the regular transport budget nor the planned special fund for infrastructure should be used for a miscalculated individual project,” say Dr Matthias Stoffregen, managing director of the association representing German private operators (Mofair) and Peter Westenberg, managing director of the German Rail Freight Association (Die Güterbahnen) in a joint statement.
“Stuttgart 21 was never an ordinary rail project, but an atypically financed real estate scheme. Now it is up to the owner, the federal government, to find a way to pay for it. The urgently needed modernisation of the German network and the expansion of rail infrastructure in the Stuttgart area must not be sacrificed to meet the cost of Stuttgart 21.”
