Putting Trains on the Right Track: Comment on CJEU's Judgments Concerning the First Railway Package

Abstract

In June 2010 the Commission decided to refer thirteen Member States, who still had not implemented the first package of EU railway legislation appropriately, to the CJEU, claiming that the Member States concerned prevented the establishment of a fully functioning single market for rail services in Europe. In eleven of these cases the CJEU issued judgments in the last months, giving on the one hand sufficient grounds for understanding the Court’s view of the EU railway market. These actions gave the CJEU, on the one hand, an opportunity to contribute to the liberalisation of EU’s railways while its judgments, on the other hand, presents basis for the Council’s and the European Parliament’s discussions while adopting the fourth railway package.

Keywords: EU Law, EU Court, Transport Policy, First Railway Package, Separation of Infrastructure and Transport Services, Case Law