DB Streik: Can You Still Claim Train Delay Compensation After a Deutsche Bahn Strike?

When your train is delayed by hours because of a strike, the last thing you want is to find out you have no right to compensation. The good news: in most cases, you do.

The GDL and EVG Strikes — Why DB Passengers Still Get Paid

Since 2023, Deutsche Bahn passengers have endured multiple rounds of industrial action from both the GDL (Gewerkschaft Deutscher Lokomotivführer, train drivers' union) and EVG (Eisenbahn- und Verkehrsgewerkschaft). These strikes have cancelled thousands of trains and caused widespread delays — but they do not remove your right to compensation.

Under EU Regulation 2021/782, which has applied in Germany since June 2023, internal strikes at DB are treated the same as any other delay cause.

EU Regulation 2021/782 and Strikes in Germany

Under EU Regulation 2021/782, train operators can only escape paying compensation if the delay was caused by extraordinary circumstances that they could not have avoided even if they had taken all reasonable measures.

The regulation makes a clear distinction:

• Strikes by the operator's own staff: (drivers, conductors, maintenance workers) are **not** extraordinary circumstances. The operator is responsible for its employment relationships. A strike that was foreseeable — for example, one that followed a breakdown in wage negotiations — cannot be used to deny your claim.
• Strikes by third parties: whose action directly disrupts rail services (such as strikes by dock workers that block freight and knock on to passenger services) *may* qualify, but the operator must prove the connection.

This means that if Deutsche Bahn staff (GDL or EVG) go on strike and your train is cancelled or delayed, you are still entitled to 25–50% of your ticket price.

How to Claim After a Strike Delay

• Keep your ticket and booking confirmation.: If you booked through a third-party app, take a screenshot of the booking.
• Note the delay at the destination on your ticket: , not just where you boarded. Compensation is calculated at the final destination.
• Submit within the deadline.: Most EU operators require claims within one to three months of travel. UK operators are typically one month.
• If your claim is rejected on force majeure grounds: , appeal. Explain that EU Regulation 2021/782 does not permit the operator to use internal industrial action as an extraordinary circumstance. Cite Article 19(3) explicitly.

What If the Operator Rejects Your Claim?

Rejections citing force majeure for internal strikes are legally weak. You can:

• Appeal directly with the operator, citing EU Regulation 2021/782 Article 19.
• Escalate to the national rail regulator — in Germany that is the Bundesnetzagentur or the söp (Schlichtungsstelle öffentlicher Personenverkehr).
• Use an Alternative Dispute Resolution (ADR) body — free for passengers, mandatory for operators to participate in.

TrainOwed handles this entire process for you. If your claim is rejected, we appeal. If the appeal fails, we take it to the regulator. You pay nothing unless we win.

Summary

• Strikes by train operator staff: **you can claim** under EU law
• Strikes by third parties: **may be exempt**, but the operator must prove it
• Deadline: usually **1–3 months** from date of travel