The Düsseldorf Court of Appeals questions the German Competition’s Authority decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)

The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim proceedings against a FCO decision. The FCO had found that Scandlines, the owner and operator of the ferry port Puttgarden, abused its dominant position by refusing access to the port infrastructure, and ordered Scandlines to negotiate access modalities with the complainants. The port was considered an essential facility necessary for the complainants to offer ferry services between Puttgarden (Germany) and Rødby (Denmark), a route that so far only Scandlines offered. Scandlines appealed and in parallel

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Heinz & Zagrosek (Köln)

Quotation

Silke Heinz, The Düsseldorf Court of Appeals questions the German Competition’s Authority decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II), 10 June 2010, e-Competitions Interim measures, Art. N° 35659

Visites 504

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues