31.8.2013

Official Journal of the European Union

C 252/6

(Case C-627/10) (Failure of a Member State to fulfil obligations - Transport - Directive 91/440/EEC - Development of the Community’s railways - Directive 2001/14/EC - Allocation of railway infrastructure capacity - Article 6(3) and Annex II to Directive 91/440 - Article 14(2) of Directive 2001/14 - Infrastructure manager - Participation in the preparation of the service timetable - Traffic management - Article 6(2) to (5) of Directive 2001/14 - Failure to provide incentives for infrastructure managers to reduce the costs of provision of infrastructure and the level of access charges - Articles 7(3) and 8(1) of Directive 2001/14 - Cost that is directly incurred as a result of operating the train service - Article 11 of Directive 2001/14 - Performance scheme)

2013/C 252/08

Language of the case: Slovenian

Parties

Applicant: European Commission (represented by: H. Støvlbæk, D. Kukovec and M. Žebre, acting as Agents)

Defendant: Republic of Slovenia (represented by: N. Pintar Gosenca, A. Vran and J. Kampoš, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and T. Müller, acting as Agents), Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, all the measures necessary to comply with Article 6(3) of and Annex II of Council Directive 91/440/EEC of 29 July 1991, on the development of the community railways (OJ 1991 L 237, p. 25), as amended, and Article 6(2) to (5), 7(3), 8(1) 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 (OJ 2001 L 75, p. 29)

Operative part of the judgment

The Court:

1.Declares that, by failing to take the measures 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, as amended by Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004, 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, as amended by Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004, and

—Articles 6(2) to (5), 7(3), 8(1) and 11 of Directive 2001/14, as amended by Directive 2004/49

the Republic of Slovenia has failed to fulfil its obligations under those provisions;

2.Dismisses the remainder of the action;

3.Orders the European Commission, the Republic of Slovenia, the Czech Republic and the Kingdom of Spain to bear their own costs.

OJ C 103, 2.4.2011.