Annual Report 2025 – ÖBB-Infrastruktur AG

Recognition and measurement of provisions for regulatory proceedings Description / Risk: As of December 31, 2025, there are several regulatory proceedings. These proceedings, which are at different procedural stages, relate to the period from December 2017 to 2025. In terms of content, they primarily concern issues relating to the calculation and determination of the infrastructure usage charge. For the proceedings concerning the charges for the railway power network (Bahnstromnetz) for the years 2016 to 2023, the charges for the minimum access package in the timetableperiods 2011 to2017, and the station stop charges in the timetable periods 2012 to 2023, an industry-wide settlement of the proceedings was successfully concluded under the supervision of Schienen-Control Österreichische Gesellschaft für Schienenverkehrsmarktregulierung mbH and the Schienen-Control Commission (SCK). Railway undertakings received refunds based on the final and legally binding decisions of the SCK. The provisions established in the 2024 annual financial statements were utilized for this purpose. The provisions for track access charges take into account the risk of adjustments to charges already invoiced. Based on the information available from the ongoing proceedings, as well as decisions already issued by the courts and the SCK, the provision was calculated and appropriate reserves were recognized. The outcome of the pending proceedings may lead to the previously invoiced charges being amended, resulting in ÖBB-Infrastruktur Aktiengesellschaft being obliged to make a refund. These risks are assessed individually for each case or proceeding with the involvement of experts and accounted for in the form of provisions. The recognition and measurement of these provisions for regulatory proceedings are of particular significance in the context of the audit, as the amounts are material and the measurement is complex, requiring significant discretionary decisions. The requirement for and the amount of these provisions are largely dependent on management’s assumption and assessment of the outcome of the proceedings. Measurement uncertainties exist in particular due to the difficulty of estimating the outcome of the interpretation of largely undecided legal issues by the supervisory authority, administrative courts or courts of law, due to possible restrictions on the temporal effect of decisions and with regard to the type, scope and amount of recognized costs and market premiums as a basis for charging tariffs for the use of rail infrastructure. The corresponding disclosures of ÖBB-Infrastruktur Aktiengesellschaft on the provisions for regulatory proceedings can be found in the notes under “3. Summary of significant accounting policies, use of estimates and judgments, c. Provisions” and “B. Notes to the consolidated balance sheet and consolidated income statement, 26.2. Other provisions”. Consideration the audit of the consolidated financial statements: We questioned and examined management’s assessment of the recognition and amount of the provisions. Our audit procedures included, among others, the following activities: We assessed the process regarding the recognition and measurement of provisions for regulatory proceedings and evaluated the design and structure of the controls in the process. As part of our audit, we examined the legal and data basis used for the recognition of the provision and, on this basis, assessed the appropriateness of the assumptions used for the valuation. In particular, we discussed the status of the procedures, including the current developments in 2025, with management and the employees of the responsible department. Furthermore, we examined the expert opinions prepared in the course of the proceedings before the Rail Control Commission and assessed the conclusions drawn by the company. We have reconstructed the calculation scheme for the provisions on the basis of the valuation parameters used. In calculating the provision, the company takes into account in particular externally prepared expert opinions and legal opinions prepared by external lawyers. We obtained these as part of our audit and assured ourselves that their results were appropriate and that their work was adequate for our purposes. Furthermore, we also assessed their competence, skills and objectivity. Finally, we critically assessed the development of these procedures after the balance sheet date up to the date of the auditor’s report by questioning the Management Board and the employees of the department. We assessed the appropriateness of the disclosures in the notes on the measurement and recognition of these provisions. 243