Access to services-obligations under EU Railway Directive do not apply to the owner of the facility who is not the operator, rules Court of Justice
Interpretation of Article 13 of the EU Railway Directive 2012/34 was provided in the Court of Justice’s ruling in ‘Latvijas Dzelzceļš’ VAS v Valsts dzelzceļa administrācija (C‑60/20) recently.
The Court has ruled that under Article 13(2) and (6) of the Directive, a regulatory body may not oblige a service facility owner who is not the operator to supply all railway undertakings with non-discriminatory access to service facilities. It also clarifies that Article 13(6) does not apply when the owner of a building housing a service facility, which is in use, intends to terminate its lease agreement for the purpose of its own use.
Background to the case
The case concerns the leasing out of a depot for its use as a repair