Compliance required

Italy was asked to comply with EU rules granting certain rights to rail passengers. At the moment, there are no enforcement authorities nor sanctions for violations of passengers rights established in Italian law, which means that whoever travels by train in Italy may not be able to claim their rights when things get... derailed.

Luxembourg was given two months to take measures to comply with the requirement to deliver proper market analyses to European Commission. Such analyses allow to see whether the given market sector (offering products and services to consumers within the electronic communications sector) is competitive enough, etc.

See more: November infringements package

Slow train - CJEU judgment in Case C-509/11 ÖBB-Personenverkehr

Today, the Court of Justice of the EU delivered its judgment in Case C-509/11 ÖBB-Personenverkehr AG. The case concerned the general terms and conditions used by the Austrian railways company, ÖBB, for transport contracts with railway passengers. These terms and conditions included provisions on compensation of the ticket price in case of delay. According to the national Rail Network Control Commission, ÖBB's terms and conditions were not in compliance with EU Regulation No 1371/2007 insofar as they excluded compensation in the following cases:

'–      where there is fault on the part of the passenger,

–      where a third party behaves in a manner which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent,

–      in the event of circumstances not connected with the operation of the railway arising which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent,

–      where services are restricted as a result of strikes, provided that passengers were adequately informed of these,

–      if the delay results from transport services not included in the transport contract.'

The CJEU was presented with the preliminary question whether, under EU law, a railway company may exclude its obligation to pay compensation for the ticket price in case of force majeure. In particular, the question was raised if carriers may rely on rules of international law which exempt them from liability in such cases.

In accordance with AG Jääskinen's opinion in the case, the Court holds that rail passengers are entitled to a partial refund of the price of their train ticket in the event of significant delay, even where that delay is attributable to force majeure. Rules of international law do not alter this, since these provisions are not applicable in the context of the liability regime established by the EU Regulation. Where the applicable rules of international law seek to reimburse passengers for damage or loss suffered as a result of the delay, the Regulation's purpose is to compensate passengers for the consideration provided for a service which was not supplied in accordance with the transport contract.

European Railways on the right track?

Last week the European Commission announced a new package of provisions that would regulate some of the consumers' traveling issues (Fourth Railway Package). The measures intend to improve the quality and give more choice in railway service in the EU. While the market for traveling by train shrinks yearly, the EU intends to try to stimulate it more, by promoting competition and inviting new entities to it. The railway transport is environmentally friendly and helps with traffic issues, which are one of the reasons why consumers are seen as needing to be encourage to participate in it. (European Railways at a junction; or Challenges Ahead) 

Better information on delayed train connections - CJEU judgment in Case C-136/11 Westbahn Management v ÖBB Infrastruktur

This morning, the Court of Justice of the EU handed down its judgment in the Westbahn case. The Court reaches conclusions similar to those of the Advocate General (discussed earlier on this blog: 'Better information on delayed train connections - opinion of AG Jääskinen'). As summarised in the press release:

'Railway undertakings are therefore obliged to provide information relating to the main connecting services in real time.

The Court finds that that obligation relates to all main connecting services, both those of the railway undertaking concerned and those operated by other undertakings. A restrictive interpretation of the information to which passengers must have access would hinder transfers by them. It would compromise the objective of providing information pursued by EU law, by encouraging passengers to give preference to large railway undertakings which would be in a position to provide them in real time with information relating to all stages of their journey. 

As to the obligations of the railway infrastructure manager, the Court observes that, to ensure fair competition on the passenger rail transport market, it must be ensured that all railway undertakings are in a position to provide passengers with a comparable quality of service. Railway undertakings must therefore, for the purposes of the exercise of the right of access to railway infrastructure, be given information by the infrastructure manager in real time relating to the main connecting services operated by other railway undertakings. 

In this connection the Court notes that information which is available on screens at the various stations cannot be regarded as being of a confidential or sensitive nature which would prevent its disclosure to the various railway undertakings concerned. 

The Court therefore holds that the infrastructure manager is required to make available to undertakings, in a non-discriminatory manner, real time data relating to trains operated by other undertakings, in so far as those trains provide main connecting services.'