Gleiss Lutz has completed an independent internal investigation for DB InfraGO AG, a subsidiary of Deutsche Bahn, following the rail accident at Burgrain on 3 June 2022. In the accident, a train was derailed between Garmisch-Partenkirchen and Farchant, killing five people and injuring 72, some of them seriously.
The aim of the internal investigation was to thoroughly and objectively clarify any misconduct or organisational deficits in connection with the accident. DB InfraGO AG’s management board commissioned the independent internal investigation. Gleiss Lutz reported to DB InfraGO AG’s management and supervisory boards as well as to those of Deutsche Bahn AG. The company has given the Munich II public prosecutor’s office its full cooperation.
Gleiss Lutz today presented its confidential final report on the internal investigation at DB InfraGO AG, pinpointing both individual misconduct as well as systematic deficits. As the internal investigation has progressed, DB InfraGO AG has been discontinuing practices found to be deficient and implementing improvements. DB InfraGO AG has also set up a project to eliminate altogether the remaining deficits found in the investigation. The management board of DB InfraGO AG has also opted for a voluntary monitorship, appointing Dr. Marcus Reischl (Gleiss Lutz) and Dr. Eike Bicker (Gleiss Lutz) as the monitors. They will support and oversee DB InfraGO AG’s remediation measures.
A team of Gleiss Lutz lawyers led by Frankfurt-based Compliance & Investigations partners Dr. Marcus Reischl and Dr. Eike Bicker is advising DB InfraGO AG. A Metis team led by Dr. Florian Wettner assisted DB InfraGO’s supervisory board in the internal investigation. Dr. Ulrike Thole (Pfordte Bosbach) advised the company on criminal law aspects of the matter. Forensic expertise was provided by an FTI Consulting team led by Renato Fazzone. In-house, Holger Kosche managed the investigation for Deutsche Bahn.
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