RE: Germany...22 Jul 2025 16:39
Walking away from the German Rail contracts would be commercially naive in the extreme. So long as the contract is as explained, Mobico has an strong case to claim back all the losses that result from infrastructure works - and much of the losses from driver shortages. Mobico have been very clear about the large scale of their driver training program, and about doing all their best endeavors to deliver a reliable service. I don't think this isn't a random quote:
"We are doing everything we can to maintain reliable mobility – but the structural problems lie deeper."
The reality is that Mobico should be in a strong position and should have a high probability of payout at some point - either through agreement or through legal action. For me it does make sense to avoid legal action as that carries more cost and risk, but should be a stick to get an agreement plus a last resort if negotiations stop moving.
From the German report... discussing the Abellio Rail and Keolis exits :
"Experts believe that, in addition to poor business decisions, systemic problems are also responsible for the financial difficulties (for an overview, see Finke, 2023). According to the Federal Network Agency, due to the introduction of the Deutschlandticket, railway undertakings in regional rail transport generated a good two percent less revenue per passenger kilometre in 2023 than in 2019. The revenue risk is due to the increased" (Google translated hence it is a bit odd in places)
"More significant for the railway undertakings are the increased penalties levied against transport authorities in the event of delays, train cancellations, and diversions, as well as the costs of rail replacement services. These costs are caused by the massive increase in construction site activities at DB InfraGO AG (Monopoly Commission, 2023). It is therefore all the more important to carefully examine each case and investigate whether the market exit is the result of structural market failures or a market-driven development" (Google translate)
So why would you give that up by given up a contract and go from having a strong case for full repayment of the provisions, to having a questionable case for getting that money, plus legal and penalty costs associated with exiting a contract. Commercially that would be a terrible decision.
For reference Abellio went into bankruptcy and had the contracts stripped from it. Keolis had their contract stripped because they had insufficent drivers and took the German authority to court and got an out-of-court settlement. Actually the German report implies they might both have a case for compensation.