Decisions of the European Court of
Justice or other authorities involved in
railway competition matters
Selection of interesting evidence and judgments
Belgrade, 4 October 2013
Klaus-Jürgen Uhl, Senior Railway Consultant
1
Decision No. 12-D-25 dated 18.12.2012
regarding discrimination practices in the
freight rail transport sector

Autorité de la Concurrence, France

Legal action (complaint) of EuroCargo Rail and others,
against SNCF, ERMVA, SGV and CTC

Result: non-observation of Art. 102 of the European
Treaty as well as Art. 420-2 of the Frecnch Commercial
Law; penalty: 60,966,000 EUR
2
Discriminatory actions (1)

Infrastructure manager (RFF/SNCF) gives confidential information to
SNCF Fret

Discrimination in the access to terminals and private sidings
• Non-publication of the conditions of access to terminals
• Refusal of publication of the list of terminals and private sidings pertaining to
SNCF
• Non-inclusion of SNCF terminals and private sidings in the Network
Statement
• Non-publications of the operational conditions to enter the terminals and the
private sidings
• Discriminatory (predatory) pricing for access
• Non-publication of pricing
• Deferment of contract signature
3
Discriminatory actions (2)

Reservation of paths not used
• Reservation of 80 % of the path capacity, utilisation of 69 %
• Readiness to pay reservation charges of non-utilisation (with taxpayers‘
money)
• Reservation of path for one single customer who does not use it or does not
want to use it with SNCF

No availability of wagons to third parties (type EX)
• Complete reservation of wagons not used

Pricing policy (margin squeeze)

Increase of infrastructure fees for terminals/private sidings
• High service cost in SNCF terminals/private sidings
4
Discriminatory actions (3)

Recruitment of personnel trained by third parties for their own
purposes
• Training in open access SNCF schools by other RUs
• Enticement of personnel from third parties

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


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Framework contracts with customers for unit trains, single wagons
Framework contracts with customers for train services and rent of
sites
Late invoicing of services in terminals/private sidings
Leasing of locomotives
Different prices for SNCF and third parties
Leasing of wagons
5
Thank you.
6