Official Journal of the European Union

C 164/2

(Case C-625/10) (<span class="super">1</span>)

(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) - Lack of legal independence of the railway infrastructure manager - Article 11 - Absence of a performance scheme - Incomplete transposition)

2013/C 164/02

Language of the case: French

Parties

Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, Agents)

Defendant: French Republic (represented by: G. de Bergues, M. Perrot and S. Menez, Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Article 6(3) of and 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) and Articles 6(2) to (5), 14(2) and 11 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 and safety certification (OJ 2001 L 75, p. 29)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt the measures necessary to ensure that the entity entrusted with the exercise of essential functions listed in Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001, is independent of the undertaking which provides railway transport services, in accordance with Article 6(3) of that directive and Annex II thereto 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 and safety certification, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, and by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 11 of Directive 2001/14 within the prescribed time limit, the French Republic has failed to fulfil its obligations under those provisions;

2.Dismisses the action as to the remainder;

3.Orders the European Commission and the French Republic to bear their own costs;

4.Orders the Kingdom of Spain to bear its own costs.

*

Language of the case: French.

ECLI:EU:C:2013:240

OJ C 103, 2.4.2011