On Thursday 17 July, the European Commission decided to take the Netherlands to the Court of Justice of the EU for incorrect application of Regulation 1370/2007 on public passenger transport by rail and road.
The Netherlands awarded the concession contract for rail passenger services for 2025-2033 directly to the incumbent operator when, under the regulation, it should have used a competitive tendering procedure.
The Commission questions the way in which the scope of the public service obligations set out in this contract was defined, taking the view that the Member State has breached the Regulation, as it did not analyse whether the transport services included in the new concession contract could be provided by market operators under commercial conditions of free access and without public service obligations or compensation.
On 14 July 2023, the Commission sent the Netherlands a letter of formal notice, followed by a supplementary letter on 13 March 2024 and a reasoned opinion on 12 February 2025. Despite numerous contacts, the Netherlands has not adapted the concession contract or its scope. (Original version in French by Camille-Cerise Gessant)