CASE COMMENTS : REGULATION – RAIL ACTIVITIES– CARES & CONNEXIONS – REGULATION

Rail activities: The Court of Justice dismisses the appeal lodged by the European Commission against Germany for an alleged infringement to directive 91/440 because of a lack of independence of the network operator and the incumbent rail transport operator (Germany)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CJEU, 28 February 2013, European Commission v. Federal Republic of Germany, Case C-556/10 The European Commission brought an action for failure to fulfil obligations (Article 258 TFEU) against the Federal Republic of Germany on 26 November 2010 before the Court of Justice of the European Union, in which it dismissed all the objections raised by the Commission. The Court's decision is part of the liberalisation of the rail transport sector in the European Union, which tends to impose independence between railway infrastructure managers and rail transport service providers. This was one of the essential objectives of Council Directive 91/440/EEC

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Jean-Paul Tran Thiet, Rail activities: The Court of Justice dismisses the appeal lodged by the European Commission against Germany for an alleged infringement to directive 91/440 because of a lack of independence of the network operator and the incumbent rail transport operator (Germany), May 2013, Concurrences N° 2-2013, Art. N° 52232, p. 173

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