Official Journal of the European Union

C 114/5

(Case C-473/10)(Failure of a Member State to fulfil obligations - Development of the Community’s railways - Allocation of railway infrastructure capacity - Levying of charges for the use of railway infrastructure - Directives 91/440/EEC and 2001/14/EC - Incomplete transposition)

2013/C 114/04

Language of the case: Hungarian

Parties

Applicant: European Commission (represented by: H. Støvlbæk, B. Simon and A. Sipos, acting as Agents)

Defendant: Hungary (represented by: M. Fehér, G. Koós and K. Szíjjártó, acting as Agents)

Interveners in support of the defendants: Czech Republic (represented by M. Smolek, T. Müller and J. Očková, acting as Agents), Republic of Poland, (represented by M. Szpunar, B. Majczyna and M. Laszuk, acting as Agents)

Re:

Failure of a State to fulfil obligations — Failure to adopt, within the prescribed period, all 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 (OJ 1991 L 237, p. 25) and Articles 4(2), 6(1) and (2), 7(3), 11 and 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 (OJ 2001 L 75, p. 29)

Operative part of the judgment

The Court:

1.Declares that, by failing, within the period prescribed, to bring into force all the laws, regulations and administrative provisions necessary to comply with Article 6(1) and (2) and Article 7(3) 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 2007/58/EC of the European Parliament and of the Council of 23 October 2007, Hungary has failed to comply with its obligations under those provisions;

2.Dismisses the action as to the remainder;

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

4.Orders the Czech Republic and the Republic of Poland to bear their own costs.

(1) OJ C 328, 4.12.2010.