Action brought on 9 July 2015 — European Commission v Republic of Austria

(Case C-347/15)

Language of the case: German

Parties

Applicant: European Commission (represented by: W. Mölls, J. Hottiaux and T. Maxian Rusche, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:

declare that, in so far as it did not oblige ÖBB Personenverkehr (Austrian Federal Railways) to publish the public service compensation and the costs and revenues for each public service contract, the Republic of Austria has failed to comply with its obligations under Article 6(3) of Directive 2012/34/EU ¹ and under Article 6(1) read in conjunction with Rule 5 of the Annex to Regulation (EC) No 1370/2007; ²

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The defendant failed to comply with its obligations under Directive 2012/34/EU and Regulation (EC) No 1370/2007.

The defendant has failed to ensure that the invoices corresponding to public funds for the provision of public transport services are separately broken down according to each contract and that their costs and revenues are evidenced and published separately. The defendant has thereby infringed the corresponding rules of EU law in the area of rail transport.

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¹     Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ 2012 L 343, p. 32).

²     Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).