Dublin, 01/03/2013 (Agence Europe) - On Thursday 28 February, the Court of Justice of the European Union (CJEU) rejected the Commission's appeal against the German and Austrian rail companies, Detusche Bahn Netz and ÖBB-Infrastruktur (see EUROPE 10796). The CJEU thus confirmed the independence of these two infrastructure managers in their railway holding company - a decision which could strengthen antagonism over railway governance at a time when negotiations are taking place on the fourth railway package (see EUROPE 10789).
The CJEU, indeed, followed the opinion given by the advocate general in 2012 according to which ÖBB-Infrastruktur and Detusche Bahn Netz comply with the first railway package by assuring their independence in their respective holding companies on the legal, organisational and decision-making level (Cases C-555 and 556/10).
This ruling constitutes a snub to European Commissioner for Transport Siim Kallas, who argues for the separation of infrastructure manager and service provider. Kallas presented the fourth railway package and, in his view, integrated models - especially in the form of a holding company - should be virtually no longer tolerated if the future European legislation entered into force as presented.
Kallas responded to the CJEU's ruling saying in a press release: “While we respect the Court's interpretation of the current law, the Commission remains convinced that a more effective separation between an infrastructure manager and other rail operations is essential to ensure non-discriminatory access for all the rail tracks, and thus to stimulate growth in the rail sector”. He reiterates that the fourth railway package contains “measures giving legal force to the level of separation which is necessary”. In Kallas' view, the CJEU ruling does not conflict with the legislative package that has been tabled. On the contrary, the ruling underlines “the importance of moving to rapid adoption of the package to ensure the continued development of innovation in the rail sector”.
The Community of European Railway and Infrastructure Companies (CER) leapt into the breach opened by the CJEU in order to reaffirm its hostility to the unbundling programme. Its executive director, Libor Lochman, believed this ruling was confirmation of the message that CER has long wanted to get across about separation. “We are firm in our view that member states should retain the responsibility for reforming their rail system on the basis of factual economic evidence”, he said in a press release. (MD/transl.fl)