The European Court of Justice AG Ćapeta suggests a reopening and review of case law stating national civil courts must not examine railway charges if they fall under the competence of a railway regulator (CTI Logistics)

In 2017 the ECJ decided in its CTL Logistics judgment (C‑489/15, CTL Logistics, ECLI:EU:C:2017:834) that national civil courts must not examine railway charges if they fall under the competence of a railway regulator under Directive 2001/14/EC (now Directive 2012/34/EU) under equity (§ 315 German Civil Code, “BGB”). AG Ćapeta recently suggested reconsidering this case law (Opinion of 7 April, 2022, C‑721/20, DB Station & Services AG, ECLI:EU:C:2022:288, the “Opinion“, paras. 61 et seq) and opening up the review of regulated infrastructure charges by civil courts under civil law rules. The Higher Regional Court of Berlin referred the present case. ODEG Ostdeutsche Eisenbahn GmbH, a railway company, had sued DB Station & Service AG, a railway infrastructure company and a subsidiary of

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European Court of Justice, The European Court of Justice AG Ćapeta suggests a reopening and review of case law stating national civil courts must not examine railway charges if they fall under the competence of a railway regulator (CTI Logistics), 9 November 2017, e-Competitions November 2017, Art. N° 109350

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