Judgment of the Court (First Chamber) of 3 October 2013 – European Commission v Italian Republic
(Case C-369/11) 1
(Failure of a Member State to fulfil obligations – Transport – Directive 2001/14/EC – Articles 4(1) and 30(3) – Allocation of railway infrastructure capacity – Levying of charges – Infrastructure fees – Independence of infrastructure managers)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: E. Montaguti and H. Støvlbæk, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, Agent, assisted by S. Fiorentino, avvocato dello Stato)
Intervener in support of the defendant: Czech Republic (represented by: M. Smolek, acting as Agent)
Re:
Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, all the measures necessary to comply with Article 6(3) of and Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ 1991 L 237, p. 25), as amended, and with Articles 4(1) and (2), 14(2) and 30(1) and 30(3) 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)
Operative part of the judgment
The Court:
Declares that, by failing to ensure the independence of the infrastructure manager with regard to the setting of charges for access to the infrastructure and the allocation of railway infrastructure capacity, the Italian Republic has failed to fulfil its obligations under Articles 4(1) and 30(3) 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;
Dismisses the action as to the remainder;
Orders the European Commission, the Italian Republic and the Czech Republic to bear their own costs.
________________________1 OJ C 282, 24.9.2011.