September 18
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Emilija Berzanskaite
9th September 2021
Energy & Transport Internal Market

Scope of powers of the regulatory body under the Single European Railway Directive clarified by Court of Justice

In LatRailNet (C‑144/200), the Court of Justice held that under the Single European Railway Directive 2012/34 (Directive) a regulatory body may adopt a decision on its own initiative requiring the railway infrastructure manager to make certain changes to the charging scheme, however, limiting those changes to remedying incompatibilities with the principle of non-discrimination and Section 2 of Chapter IV of the Directive, as such maintaining the division of competences and independence between the two. Further, it clarified that Article 32(1) of Directive is applicable even to market segments where there is no competition.


The request for a preliminary ruling has its origin in a dispute between AS LatRailNet, the


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