Preparation and decision-making related to the licensing of railway undertakings including granting of individual licenses,ĭecision-making related to the path allocation including both the definition and the assessment of availability and the allocation of individual train paths,ĭecision-making related to infrastructure charging, ‘List of essential functions referred to in Article 6(3): Member States may, however, assign to railway undertakings or any other body the collecting of the charges and the responsibility for managing the railway infrastructure, such as investment, maintenance and funding.’Īnnex II to Directive 91/440 read as follows: Regardless of the organisational structures, this objective must be shown to have been achieved. ‘Member States shall take the measures necessary to ensure that the functions determining equitable and non-discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Three directives were adopted in February 2001 with a view to revitalising rail transport by gradually opening it up to competition at European level, namely, Directive 2001/12 of the European Parliament and of the Council of 26 February 2001 amending Directive 91/440 ( OJ 2001 L 75, p. 1), Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings ( OJ 2001 L 75, p. 26) and Directive 2001/14 (together ‘the first railway package’).Īrticle 6(3) of Directive 91/440 provided: Berger, Judges,Īfter hearing the Opinion of the Advocate General at the sitting on 13 December 2012,īy its application, the European Commission seeks a declaration from the Court that, by failing to adopt the measures necessary to ensure that the entity entrusted with the exercise of essential functions referred to in Article 6(3) of and listed in Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways ( OJ 1991 L 237, p. 25), as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 ( OJ 2007 L 315, p. 44) (‘Directive 91/440’), and Article 14(2) 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 ( OJ 2001 L 75, p. 29), as amended by Directive 2007/58, be independent of the undertaking that provides railway transport services, the Grand Duchy of Luxembourg has failed to fulfil its obligations under those provisions. Grand Duchy of Luxembourg, represented by C. Støvlbæk, acting as Agents, with an address for service in Luxembourg, ‛Failure of a Member State to fulfil obligations - Transport - Development of the Community’s railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Article 14(2) - Independence of the body to which the exercise of essential functions is entrusted’ĪCTION under Article 258 TFEU for failure to fulfil obligations, brought on 5 August 2011,Įuropean Commission, represented by J.-P.
Judgment of the Court (First Chamber), 11 July 2013.Įuropean Commission v Grand-Duchy of Luxembourg.įailure of a Member State to fulfil obligations - Transport - Development of the Community’s railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Article 14(2) - Independence of the body to which the exercise of essential functions is entrusted.ĭigital reports (Court Reports - general) Judgment of the Court (First Chamber), 11 July 2013.#European Commission v Grand-Duchy of Luxembourg.#Failure of a Member State to fulfil obligations - Transport - Development of the Community’s railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Article 14(2) - Independence of the body to which the exercise of essential functions is entrusted.#Case C‑412/11.
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