Judgment of the Court (Fifth Chamber) of 8 November 2012 - European Commission v Hellenic Republic
(Case C-528/10)
(Failure to fulfil obligations - Transport - Development of the Community's railways - Directive 2001/14/EC - Articles 6(2) to (5) and 11 - Railway infrastructure capacity and charges levied for the use of railway infrastructure - Regulatory body - Failure to transpose within the prescribed period)
Language of the case: Greek
Parties
Applicant: European Commission (represented by: G. Zavvos and H. Støvlbæk, acting as Agents)
Defendant: Hellenic Republic (represented by: S. Chala)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and T. Müller and by J. Očková, acting as Agents)
Italian Republic (represented by: G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations - Infringement of Articles 6(2) and (5) and 11 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 adopt, within the prescribed period, the necessary measures, inter alia so far as concerns the units in which charges are levied for the use of infrastructure in the railways sector, to which Articles 6(2) to (5) and 11 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, relate, the Hellenic Republic has failed to fulfil its obligations under those articles;
Orders the Hellenic Republic to pay the costs;
Orders the Czech Republic and the Italian Republic to bear their own costs.
____________1 - OJ C 30, 29.1.2011.