Judgment of the Court (First Chamber) of 28 February 2013 - European Commission v Federal Republic of Germany
(Case C-556/10)
(Failure of a Member State to fulfil obligations - Transport - Development of the Community's railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Articles 4(2) and 14(2) - Infrastructure manager - Organisational and decision-making independence - Holding company structure - Directive 2001/14 - Articles 7(3) and 8(1) - Setting charges on the basis of direct costs - Levying of charges - Direct costs - Total costs - Directive 2001/14 - Article 6(2) - No incentive to reduce costs - Directive 91/440 - Article 10(7) - Directive 2001/14 - Article 30(4) - Regulatory body - Powers)
Language of the case: German
Parties
Applicant: European Commission (represented by: G. Braun and H. Støvlbæk, acting as Agents)
Defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller and N. Graf Vitzthum, acting as Agents, and R. Van der Hout, advocaat)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Očková and T. Müller, acting as Agents), Italian Republic (represented by: G. Palmieri, acting as Agent, and S. Fiorentino, avvocato dello Stato)
Re:
Failure of a Member State to fulfil its obligations - Failure to adopt within the prescribed period all the necessary provisions 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) and Articles 2, 6(2), 7(3), 8(1), 14(2) and 30(4) of Directive 2001/14/EC of the 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:
Dismisses the action;
Orders the European Commission to pay the costs;
Orders the Czech Republic and the Italian Republic to bear their own costs.
____________1 - OJ C 38, 5.2.2011.