Railway: The Court of Justice of the European Union ruled that Article 30 of Directive 2001/14 does not preclude national courts from applying Article 102 TFEU provided that the sectoral monitoring body has ruled on the lawfulness of the fees in question and that those courts take account of the decisions handed down by that body (DB Station & Service/ ODEG)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On October 27, 2022, the Court of Justice of the European Union issued its judgment in case C-721/20 (DB Station & Service AG v. ODEG Ostdeutsche Eisenbahn GmbH) which follows a request for a preliminary ruling from the Higher Regional Court of Berlin on the interpretation of Article 102 TFEU and Articles 4, 7 to 12 and 30 of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure. The dispute in the main proceedings between DB Station & Service, the subsidiary of the incumbent railway operator,

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

  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Railway: The Court of Justice of the European Union ruled that Article 30 of Directive 2001/14 does not preclude national courts from applying Article 102 TFEU provided that the sectoral monitoring body has ruled on the lawfulness of the fees in question and that those courts take account of the decisions handed down by that body (DB Station & Service/ ODEG), 27 October 2022, Concurrences N° 4-2022, Art. N° 109654, www.concurrences.com

Visites 100

All reviews