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Case C-261/15: Judgment of the Court (Tenth Chamber) of 21 September 2016 (request for a preliminary ruling from the Vredegerecht te Ieper — Belgium) — Nationale Maatschappij der Belgische Spoorwegen NV v Gregory Demey (Rail transport — Regulation (EC) No 1371/2007 — Passengers’ rights and obligations — Absence of a ticket — Failure to regularise within the prescribed period — Criminal offence)

ECLI:EU:UNKNOWN:62015CA0261

62015CA0261

September 21, 2016
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14.11.2016

Official Journal of the European Union

C 419/20

(Case C-261/15) (<span class="super note-tag">1</span>)

((Rail transport - Regulation (EC) No 1371/2007 - Passengers’ rights and obligations - Absence of a ticket - Failure to regularise within the prescribed period - Criminal offence))

(2016/C 419/25)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Nationale Maatschappij der Belgische Spoorwegen NV

Defendant: Gregory Demey

Operative part of the judgment

The final sentence of Article 6(2) of Appendix A to the Convention Concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention Concerning International Carriage by Rail of 3 June 1999, in Annex I to Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, must be interpreted as not precluding national provisions which lay down that a person making a train journey while not in possession of a ticket for that purpose, who fails to regularise his situation within the periods laid down in those provisions, does not have a contractual relationship with the railway undertaking.

(<span class="note">1</span>) OJ C 270, 17.8.2015.

* * *

Language of the case: Dutch.

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