Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 October 2020 – ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH
(Case C-500/20)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant and respondent in the appeal on a point of law: Lokomotion Gesellschaft für Schienentraktion mbH
Defendant and appellant in the appeal on a point of law: ÖBB-Infrastruktur Aktiengesellschaft
Questions referred
Is the Court of Justice of the European Union competent to interpret the Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI; Appendix E to the Convention concerning International Carriage by Rail [COTIF])? 1
If the first question is answered in the affirmative: Is Article 8(1)(b) CUI to be interpreted in such a way that the liability of the manager for loss of or damage to property as codified therein also includes the costs incurred by the carrier as a result of having to lease locomotives to replace his existing locomotives due to damage caused to them?
If the first question is answered in the affirmative and the second question in the negative: Are Articles 4 and 19(1) CUI to interpreted to the effect that the parties to the contract may effectively assume greater liability by means of a blanket reference to national law, if this means that, in derogation from strict liability in accordance with CUI, liability is conditional upon fault, even though the extent of liability is greater?
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1 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ 2013 L 51, p. 1).