An element of the charging regime for track access rights was not unlawful state aid. There was no benefit or advantage which distorted or threatened to distort competition by favouring open access operators as opposed to franchise operators as their situations were so different. Factual background GNER was seeking to challenge the decision of the ORR of 23 March 2006 to grant track access rights to Hull Trains Company Limited ("Hull Trains") and Grand Central Railway Limited ("Grand Central") which would enable them to operate passenger services on the East Coast Main Line ("ECML") on which GNER operates the passenger services franchise. GNER is a long established train operating company and has been providing passenger services on the ECML pursuant to various franchising
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The UK High Administrative Court rules that an element of the charging regime for track access rights was not unlawful State aid, as there was no advantage that threatened to distort competition by favoring open access operators as opposed to franchise operators (Great North Eastern Railway)
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