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Berner Tage 2024 CIV Session
The Passenger Traffic afternoon session on 6 June moderated by Isabelle Saintilan (Eurostar and Chair of the CIV Committee) focused on the question whether the current legal framework in passenger rail traffic is still fit for purpose or if the developments from a business perspective require an update. The revival of night trains including the new organizational and legal challenges was one of the examples in the spotlight of the discussions. The European Commission's new initiative on multimodal passenger rights might also have an impact.
Focus on the legal framework: the Rail Passengers` Rights Regulation (PRR), CIV Uniform Rules and new initiative on multimodal passengers` rights
Oliver Hirschfeld (DB and Chair of the CIV Working Group) addressed the question of whether there is a need for harmonising the CIV and PRR and gave an overview of his reflections on overlaps resulting from the fact that the CIV were added as an annex to the PRR, but also the gaps that arise because the PRR does not refer to all parts of the CIV. One example here are limitation periods which are harmonised under the CIV but not under the PRR. Furthermore, ambiguities were explained, such as the dilemma that the PRR speaks of the railway undertaking, but the CIV of the carrier, which leads to the question of which carrier is exactly covered by the term “railway undertaking” when considering the obligations of the PRR. Very interesting was also the reflection that European law introduces the concept of the ticket vendor, which raises questions as to how this is understood in the context of the CIV.
After this first presentation, a panel discussion took place in which Alberto Gallo (Trenitalia), Jana Peléšková (CD) and Oliver Hirschfeld (DB) explained the main challenges the new PRR - applicable since one year ago - brought from a legal perspective. Oliver Hirschfeld spoke first, pointing out that the scope of application and here the exemptions granted under the PRR are difficult and currently not all public, which can lead to problems when organising international traffic.
Alberto Gallo highlighted that the PRR seems to be mainly designed for short-term disruptions but not if a disruption lasts for a longer period of time, which makes it difficult for railway undertakings to fulfil their PRR obligations. Jana Peléšková raised a problem that was already known under the “old” PRR but emerges even more under the new PRR: how to handle a timetable change of a train run after passengers bought the tickets, an issue the CIT CIV Working Group has already discussed several times.
Following the roundtable, Alberto Gallo gave an insight into the practical questions that can arise in case of major train incidents such as advance payments to passengers and reimbursement / re-routing in case of natural disasters such as landslides. His advice was extremely valuable for practical work with the PRR.
Jan Vavra and Nina Scherf from the CIT team then introduced participants to a very topical matter, the new European Commission initiative on passenger rights in the context of multimodal journeys. Both emphasized the contractual constellations and the obligations that carriers are subject to in the event of delays or cancellations of the respective means of transport in a multimodal context. They also highlighted the problems that arise when the concept of carrier remains unclear under the multimodal proposal.
New business models on the railway market
The second part of the session was dedicated to (new) business models on the railway market. Andrea Giuricin (Adj. Prof. at the University of Milano Bicocca) changed the perspective from legal to business and showed the experience of competition, especially on the Italian rail market, and what influence a reduction of track access charges could have on market development. Lastly, Jana Peléšková had a look at the revival of night trains, starting her presentation to compare night train services 25 years ago with those today. The market has undergone a complete turnaround, which is also reflected in the complicated legal models under which night trains are operated. There was a lively discussion about the fact that operating night trains is extremely costly.
A further panel discussion with the participation of all speakers took place on the question of whether the legal framework is still up-to-date, considering how the market has developed, and which players are on the market alongside "traditional" carriers.
Isabelle Saintilan concluded the session by pointing out that the challenge of legislation is, on the one hand, to be up-to-date and in line with the market, but on the other hand, stability is needed and too many adjustments the legal framework in a short of space of time can lead to legal uncertainty.
The Berner Tage CIV session provided much food for thought, which will be analysed by CIT for its further work.