CASE COMMENTS: REGULATIONS – RAILWAY TRANSPORTS – FRANCE – INFRASTRUCTURE CHARGES – REGULATOR’S OPINION – CANCELLATION
Transports: The French Administrative Supreme Court cancels the regulator’s opinion on the setting of infrastructure charges (SNCF Réseau)
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What are the powers of the transport regulator with regard to tariffs set by an infrastructure manager? This was the question to be answered by the supreme administrative court. In the present case, SNCF Réseau asked the Council of State to annul for excess of power Opinion No 2019-005 of 7 February 2019 of the Autorité de Régulation des Activités Ferroviaires (ARAFER, which has since become the Autorité de Régulation des Transports) on the setting of infrastructure charges for the use of the national rail network for the 2020 service timetable. In that opinion, the Authority had delivered a non-compliant opinion on the draft proposed by the public undertaking
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