Official Journal of the European Union

C 103/13

(Case C-627/10)

2011/C 103/23

Language of the case: Slovene

Parties

Applicant: European Commission (represented by: H. Stølvlbæk and D. Kukovec, Agents)

Defendant: Republic of Slovenia

Form of order sought

The applicant claims that the Court should:

—declare that, with regard to implementation of the first railway package, the Republic of Slovenia has failed to fulfil its obligations under Article 6(3) of and Annex II to Council Directive 91/440/EEC, (1) as amended, Article 14(2) of Directive 2001/14/EC, (2) and Articles 6(2) to (5), 7(3), 8(1), 11 and 30(1) of Directive 2001/14/EC;

—order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

The Commission maintains that, because it is the infrastructure manager, which alone supplies railway transport services, that organises the running of the trains and is, therefore, included in the adoption of decisions concerning the allocation of train paths or in the allocation of infrastructure capacity, the Republic of Slovenia has failed to satisfy the requirements of Article 6(3) of, and Annex II to, Directive 91/440/EEC, as amended, or those of Article 14(2) of Directive 2001/14/EC.

By failing to ensure a mechanism of incentives to reduce the costs of providing infrastructure and the level of charges for access, the Republic of Slovenia has failed to fulfil its obligations under Article 6(2) to (5) of Directive 2001/14/EC.

The Commission considers, therefore, that by failing to provide a method of calculation that ensures that the charges imposed for the minimum access package and track access to service facilities are equal to the costs directly incurred as a result of operating the service, the Republic of Slovenia has failed to fulfil its obligations under Article 7(3) of Directive 2001/14/EC.

By failing to adopt a performance scheme encouraging railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network, the Republic of Slovenia has failed to fulfil its obligations under Article 11 of Directive 2001/14/EC.

By failing to make provision, in its domestic legislation, for ascertaining whether a particular sector of the market can bear ‘mark-ups’ in order to obtain full recovery of the manager’s costs, the Republic of Slovenia has failed to fulfil its obligations under Article 8(1) of Directive 2001/14/EC.

By failing to establish a regulatory body, independent in its decision-making of any manager of the railway infrastructure or any applicant, the Republic of Slovenia has failed to fulfil its obligations under Article 30(1) of Directive 2001/14/EC.

(1) OJ 1991 L 237, p. 25.

(2) OJ 2001 L 75, p. 29.