ECJ Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 6(3) and Annex II – Directive 2001/14/EC – Article 14(2) – Lack of legal independence of the railway infrastructure manager – Article 11 – Absence of a performance scheme – Incomplete transposition Citations: … Continue reading European Commission v French Republic: ECJ 18 Apr 2013
ECJ Failure of a Member State to fulfil obligations – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of charges – Charges – Management independence Judges: A. Tizzano, P Citations: C-483/10, [2013] EUECJ C-483/10 Links: Bailii Statutes: Directive 2001/14/EC European, Transport Updated: 14 November 2022; Ref: scu.471525
ECJ Failure of a Member State to fulfil obligations – Development of the Community’s railways – Allocation of railway infrastructure capacity – Levying of charges for the use of railway infrastructure – Directives 91/440/EEC and 2001/14/EC – Incomplete transposition Judges: A. Tizzano, P Citations: C-473/10, [2013] EUECJ C-473/10 Links: Bailii Statutes: Directive 2001/14/EC, Directive 91/440/EEC … Continue reading European Commission v Hungary: ECJ 28 Feb 2013
ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Article 5(3) – Management independence – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to an infrastructure manager – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of … Continue reading European Commission v Portuguese Republic: ECJ 6 Sep 2012
ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) of, and Annex II to, Directive 91/440 – Article 14(2) of Directive 2001/14 – Infrastructure manager – Organisational and decision-making independence – Holding company structure … Continue reading European Commission v Republic of Austria: ECJ 6 Sep 2012
Reference for a preliminary ruling – Rail transport – Directive 2001/14/EC – Article 4 – Setting of infrastructure charges by decision of the manager – Article 30(2) – Railway undertakings’ right to bring an administrative action – Article 30(6) – Judicial review of the decisions of the regulatory body Citations: C-563/20, [2022] EUECJ C-563/20, ECLI:EU:C:2022:113 … Continue reading Orlen Koltrans (Rail Transport – Setting of Infrastructure Charges By Decision of The Manager – Judgment): ECJ 24 Feb 2022
Judgment – Reference for a preliminary ruling – Rail transport – Directive 2001/14/EC – Infrastructure charges – Pricing – National regulatory body monitoring the conformity of those infrastructure charges with that directive – Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking – Principle of non-discrimination – Reimbursement of … Continue reading CTL Logistics (Rail Transport – Infrastructure Charges – Pricing): ECJ 9 Nov 2017
ECJ Failure of a Member State to fulfil obligations – Transport – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(2) and (3) of Directive 2001/14 – Continued absence of financial balance – Articles 6(1) and 7(3) and (4) of Directive 91/440 – Absence … Continue reading Republic of Poland v Italian Republic: ECJ 30 May 2013
ECJ Failure of a Member State to fulfil obligations – Transport – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) and Annex II to Directive 91/440 – Article 14(2) of Directive 2001/14 – Infrastructure manager – Participation in the preparation of the service … Continue reading European Commission v Republic of Slovenia: ECJ 11 Jul 2013
ECJ Failure of a Member State to fulfil obligations – Transport – Directive 91/440/EEC – Development of the Community’s railways – Article 10(7) – Regulatory body – Competences – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 4(1) – Charging framework – Article 6(2) – Measures intended to provide the infrastructure manager with … Continue reading European Commission v Czech Republic: ECJ 11 Jul 2013
ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) of and Annex II to Directive 91/440 – Article 14(2) of Directive 2001/14 – Infrastructure manager – Independence in organisation and decision-making functions – Independance … Continue reading European Commission v Grand Duchy Of Luxembourg: ECJ 13 Dec 2012
EC_germanyECJ2012 ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) of, and Annex II to, Directive 91/440 – Articles 4(2) and 14(2) of Directive 2001/14 – Infrastructure manager – Independence in the exercise of … Continue reading European Commission v Federal Republic Of Germany: ECJ 6 Sep 2012
ec_italyECJ102013 ECJ Failure of a Member State to fulfil obligations – Transport – Directive 2001/14/EC – Articles 4(1) and 30(3) – Allocation of railway infrastructure capacity – Levying of charges – Infrastructure fees – Independence of infrastructure managers A Tizzano P C-369/11, [2013] EUECJ C-369/11 Bailii Directive 2001/14/EC 4(1) 30(3) European, Transport Updated: 01 November … Continue reading European Commission v Italian Republic: ECJ 3 Oct 2013
Failure of a Member State to fulfil obligations – Directives 2001/12/EC, 2001/13/EC and 2001/14/EC – The Community’s railways – Development – Licensing of railway undertakings – Allocation of infrastructure capacity, levying of charges for the use of infrastructure and safety certification – Failure to transpose within the prescribed period Citations: C-483/03, [2004] EUECJ C-483/03 Links: … Continue reading Commission v Royaume-Uni (Transport): ECJ 7 Oct 2004
