Judgment of the Court (First Chamber) of 28 February 2013 - European Commission v Kingdom of Spain
(Case C-483/10)
(Failure of a Member State to fulfil obligations - Development of the Community's railways - Directive 2001/14/EC - Allocation of railway infrastructure capacity - Levying of charges - Charges - Management independence)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: H. Støvlbæk and R. Vidal Puig, acting as Agents)
Defendant: Kingdom of Spain (represented by: S. Centeno Huerta and B. Plaza Cruz, acting as Agents)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Očková and T. Müller, acting as Agents), French Republic (represented by: G. de Bergues and M. Perrot, acting as Agents)
Re:
Failure of a Member State to fulfil obligations - Infringement of Article 10(7) of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ 1991 L 237, p. 25) and of Articles 4(1), 11, 13(2), 14(1) and 30(1) 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) - Charges - Management independence
Operative part of the judgment
The Court:
Declares that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Articles 4(1), 11, 13(2) and 14(1) 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, the Kingdom of Spain has failed to fulfil its obligations under those provisions;
Orders the Kingdom of Spain to pay the costs;
Orders the Czech Republic and the French Republic to bear their own costs.
____________1 - OJ C 328, 4.12.2010.