# C_2011103EN.01001201.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/12 |
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Action brought on 29 December 2010 — European Commission v French Republic

(Case C-625/10)

2011/C 103/21

Language of the case: French

Parties

Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, acting as Agents)

Defendant: French Republic

Form of order sought

| — | Declare that, as a result of the inadequacy of the measures adopted to implement the first railway package, the French Republic has failed to fulfil its obligations under:
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Article 6(3) of and Annex II to Directive 91/440/EEC, as amended,( 1 ) and Article 14(2) of Directive 2001/14/EC;( 2 ) —
Article 6(2) to (5) of Directive 2001/14/EC; —
Article 11 of Directive 2001/14/EC; | — | Article 6(3) of and Annex II to Directive 91/440/EEC, as amended,( 1 ) and Article 14(2) of Directive 2001/14/EC;( 2 ) | — | Article 6(2) to (5) of Directive 2001/14/EC; | — | Article 11 of Directive 2001/14/EC; |
| - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | ---------------------------------------------------------------------------------------------------------------------- | - | -------------------------------------------- | - | ----------------------------------- |
| — | Article 6(3) of and Annex II to Directive 91/440/EEC, as amended,( 1 ) and Article 14(2) of Directive 2001/14/EC;( 2 ) | | | | | | |
| — | Article 6(2) to (5) of Directive 2001/14/EC; | | | | | | |
| — | Article 11 of Directive 2001/14/EC; | | | | | | |

| — | order French Republic to pay the costs. |
| - | --------------------------------------- |

Pleas in law and main arguments

The Commission relies on two pleas in support of its action.

First, it criticises the defendant for failing to comply with all the obligations laid down in the first railway package, which requires not only the separation of the entities responsible for operating rail transport services (in France, the SNCF) from those responsible for managing the infrastructure (in France, RFF) but also that the ‘essential’ functions of the allocation of railway capacity, the setting of charges for the use of the infrastructure and the issuing of licences be carried out by independent bodies. However, the SNCF has responsibility for certain essential functions relating to the allocation of train paths which it performs via the Direction des Circulations Ferroviaires (DCF). That specialist service is not legally independent of the SNCF and nor is it independent in terms of organisation or decision making.

Second, the Commission submits that the national legislation does not transpose correctly or fully the requirements under Directive 2001/14/EC concerning the establishment of a performance scheme relating to the charges made for access to the railway infrastructure. A further difficulty with the French legislation is that it fails to provide sufficient incentives to reduce the costs of provision of infrastructure and the level of access charges.

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( 1 )  Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ 1991 L 237, p. 25).

( 2 )  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).

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