20.4.2013

EN

Official Journal of the European Union

C 114/6

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Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Republic of Austria

(Case C-555/10) (<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 - Articles 4(2) and 14(2) - Infrastructure manager - Organisational and decision making independence - Holding company structure - Incomplete transposition)

2013/C 114/06

Language of the case: German

Parties

Applicant: European Commission (represented by: G. Braun, B. Simon, R. Vidal Puig and H. Støvlbæk, acting as Agents)

Defendant: Republic of Austria (represented by: C. Pesendorfer and U. Zechner, acting as Agents)

Intervener in support of the defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and S. Fiorentino, avvocato dello Stato)

Re:

Failure of Member State to fulfil obligations — Failure to adopt, within the prescribed time-limit, 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 with Articles 4(2) 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.Dismisses the action;

2.Orders the European Commission to pay the costs;

3.Orders the Italian Republic to bear its own costs.

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(<span class="super">1</span>) OJ C 30, 29.1.2011.

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