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 – 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
ECFI Competition – Transport by rail – Agreements on overnight rail services through the Channel Tunnel – Restrictions on competition – Directive 91/440/EEC – Appreciable effect on trade – Supply of necessary services – ‘Essential facilities – Statement of reasons – Admissibility. Citations: [1998] EUECJ T-388/94 Links: Bailii Jurisdiction: European Transport, Commercial Updated: 07 September … Continue reading European Night Services v Commission T-388/94: ECFI 15 Sep 1998
ECFI Competition – Transport by rail – Agreements on overnight rail services through the Channel Tunnel – Restrictions on competition – Directive 91/440/EEC – Appreciable effect on trade – Supply of necessary services – ‘Essential facilities’ – Statement of reasons – Admissibility. Citations: T-375/94, [1998] EUECJ T-375/94 Links: Bailii Jurisdiction: European Commercial Updated: 07 September … Continue reading European Night Services v Commission T-375/94: ECFI 15 Sep 1998
(Competition) Competition – Transport by rail – Agreements on overnight rail services through the Channel Tunnel – Restrictions on competition – Directive 91/440/EEC – Appreciable effect on trade – Supply of necessary services – ‘Essential facilities’ – Statement of reasons – Admissibility Citations: [1998] EUECJ T-384/94 Links: Bailii Jurisdiction: European Commercial, Transport Updated: 07 September … Continue reading European Night Services v Commission T-384/94: ECFI 15 Sep 1998
ECJ (Transport Transport : Judgment) Failure of a Member State to fulfil obligations – Development of the Community’s railways – Directive 91/440/EEC – Article 6(1) – Deutsche Bahn group – Profit transfer agreement – Prohibition of the transfer of public aid earmarked for the management of railway infrastructure to rail transport services – Accounting obligations … Continue reading Commission v Germany C-482/14: ECJ 28 Jun 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
