DB Netz (Opinion) French Text [2021] EUECJ C-12/20_O (25 February 2021)

DB Netz (Opinion) French Text [2021] EUECJ C-12/20_O (25 February 2021)

The procedure for submitting infrastructure capacity requests via the corridor one-stop shop must be regulated by infrastructure managers in their network statements, not by the corridor management committee. National regulatory bodies are required to consult with their counterparts in other Member States before...

Source-derived case information.

Citation
[2021] EUECJ C-12/20_O
Parties
Applicant: DB Netz AG; Respondent: Bundesrepublik Deutschland (Federal Republic of Germany), represented by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (request for Preliminary Ruling) / Opinion of Advocate General Before the Court of Justice of the European Union
Outcome
Proposed answers to preliminary questions (Opinion of Advocate General): 1) Only infrastructure managers may regulate the procedure for capacity requests via the one-stop shop in their network statements; 2) National regulatory bodies must consult with counterparts before making substantive decisions; 3) The...
Legal Topics
Railway Infrastructure, Non Discriminatory Access, Regulatory Oversight, Preliminary Reference, Competence of Management Bodies, Cooperation Between Regulatory Authorities
European Union Law Transport Law Administrative Law Railway Infrastructure Non Discriminatory Access Regulatory Oversight Preliminary Reference Competence of Management Bodies +1 more

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Parties

DB Netz AG

Applicant

Bundesrepublik Deutschland (Federal Republic of Germany), represented by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen

Respondent

Procedural Posture

Preliminary Reference (request for Preliminary Ruling) / Opinion of Advocate General Before the Court of Justice of the European Union

  1. 1 Who is competent to determine the procedure for submitting infrastructure capacity requests via the corridor one-stop shop under Regulation (EU) No 913/2010?
  2. 2 Must national regulatory bodies consult with their counterparts in other Member States before making substantive decisions affecting international rail freight corridors?
  3. 3 Does the framework established by the executive committee under Article 14(1) of Regulation (EU) No 913/2010 constitute binding EU law on national regulatory bodies?

Ratio Decidendi

The procedure for submitting infrastructure capacity requests via the corridor one-stop shop must be regulated by infrastructure managers in their network statements, not by the corridor management committee. National regulatory bodies are required to consult with their counterparts in other Member States before making substantive decisions affecting international rail freight corridors. The framework established by the executive committee under Article 14(1) of Regulation (EU) No 913/2010 does not constitute binding EU law on national regulatory bodies.

Court Disposition

Proposed answers to preliminary questions (Opinion of Advocate General): 1) Only infrastructure managers may regulate the procedure for capacity requests via the one-stop shop in their network statements; 2) National regulatory bodies must consult with counterparts before making substantive decisions; 3) The...