Law in practice

Judgment of the Court of Justice of the European Union (CJEU) of 12 January 2023 in case C42-21

For the first time: The Court of Justice of the European Union rules on liability questions under the CUI Uniform Rules

Extent of the Infrastructure manager's liability for property damage and reference to national law

Swiss Railway Arbitration Commission (SKE): decision dated 06.12.2019

In a decision of 6 December 2019, the Swiss Railway Arbitration Commission (SKE) came to the conclusion that the provisions of the infrastructure manager’s access contract governing cost apportionment did not discriminate against "non-concession-holding"

German Federal Court of Justice (BGH): decision dated 29.10.2019

The Federal Court of Justice notes that, where an infrastructure manager’s path pricing system infringes Article 102 TFEU (abuse of dominant position), civil claims for compensation are not precluded by the provisions of EU Directive 2001/14/EC

European Court of Justice: decision dated 10.07.2019

The Austrian regulatory authority, Schienen-Control Kommission, requested the European Court of Justice for a preliminary ruling. The question concerned whether the term “passenger platforms”, listed in the second indent of Annex I of Directive 2012/34/EU

Swiss Federal Administrative Court: decision dated 21.05.2019

The Swiss Federal Office of Transport (FOT) approved network usage plans. These plans provide, among other things, for a minimum capacity of train paths to be secured for freight traffic on a regional route.

Swedish transport authority: decision dated 06.05.2019

A Swedish freight carrier took proceedings before the Swedish transport authority (Transportstyrelsen) in a dispute with the infrastructure manager about the application of force majeure in an incident on the main line between Stockholm and Gothenburg.

IM liability in the event of delay

Higher Administrative Court (Oberverwaltungsgericht, OVG): decision dated 19.03.2019

The Higher Administrative Court of Münster in Germany had to clarify the question of whether, if there is a conflict with another notification, a long distance passenger service can claim the priority criterion of “international train path”.

European Court of Justice: decision dated 28.02.2019

This ruling concerned, inter alia, the interpretation of (new) Art. 11 of the Directive 2014/25/EU, stating that this Directive applies to activities relating to the provision of networks providing a service to the public in the field of transport by rail

European Court of Justice: decision dated 05.12.2017

At the meeting of the 2014 OTIF Revision Committee, the Council of the EU had taken a single decision on behalf of the Member States of the EU with regard to the amendment of the CUI Uniform Rules.

European Court of Justice: decision dated 09.11.2017

The German Court questioned the compatibility of §315 BGB with EU law (Directive 2001/14/EC - the forerunner of Directive 2012/34/EU).

Austrian Federal Administrative Court: decision dated 05.07.2017

Schienen-Control Kommission examined the charges for infrastructure use that were to be levied for 2018. Under the Austrian Railway Act, charges for use should be set at the cost that is directly incurred as a result of operating the train service.

Cases before the courts: infrastructure use – preliminary ruling awaited from ECJ

German Federal Network Agency: decision dated 18.11.2016

The Infrastructure Manager informed the regulatory authority in Germany that it would making adjustments to the new Network Statment. The important changes planned included the liability rules. The Federal Network Agency rejected the proposed change.

Austrian regulatory authority, Schienen-Control Kommission: decision dated 14.06.2016

The Schienen-Control Kommission and the following courts declared a provision in the network statement of the Infrastructure Manager to be invalid.

German Federal Court of Justice: decision dated 07.06.2016

German Federal Cartel Office: decision dated 23.05.2016

The Bundeskartellamt (German Federal Cartel Office) brought proceedings against Deutsche Bahn AG on suspicion of abusing its market dominance in connection with the sale of passenger tickets.

German Federal Administrative Court: decision dated 11.11.2015

DB Netz AG together with its subsidiary DUSS (German Road Rail Transhipment Company which operates service facilities),intended to alter its conditions of use.

Austrian Federal Administrative Court: decision dated 18.09.2015

The Schienen-Control Kommission objected to the general terms and conditions of use in the contract for the use of infrastructure and declared them to be invalid in part.

Austrian Federal Administrative Court: decision dated 18.09.2015

The Schienen-Control Kommission, as the competent regulatory authority, objected to the general terms and conditions of use in the contract for the use of infrastructure and appended to the conditions of use of the rail network.

German Federal Constitutional Court in Leipzig: decision dated 09.09.2015

The Federal Constitutional Court laid down that passengers even in small stations must be kept informed by the station manager when trains are delayed also if some stations are used by few passengers and are not equipped with technical information systems

Dutch Authority for Consumers and Markets (ACM)

The Dutch Authority for Consumers and Markets (ACM) decided that the principal passenger railway operator in the Netherlands had disadvantaged its competitor in a regional tender procedure.