# C_2011173EN.01000502.xml

| 11.6.2011 | EN | Official Journal of the European Union | C 173/5 |
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11.6.2011

EN

Official Journal of the European Union

C 173/5

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Reference for a preliminary ruling from the Schienen-Control Kommission Wien (Austria), lodged on 18 March 2011 — Westbahn Management GmbH v ÖBB-Infrastruktur AG

(Case C-136/11)

2011/C 173/09

Language of the case: German

Referring tribunal

Referring tribunal

Schienen-Control Kommission Wien

Parties to the main proceedings

Parties to the main proceedings

Complainant: Westbahn Management GmbH

Complainant:

Defendant: ÖBB-Infrastruktur AG

Defendant:

Questions referred

Questions referred

| 1. | Is Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (1) to be interpreted as meaning that information on main connecting services must include, in addition to scheduled departure times, notification of delays to or cancellations of those connecting services? |
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1.

Is Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (1) to be interpreted as meaning that information on main connecting services must include, in addition to scheduled departure times, notification of delays to or cancellations of those connecting services?

1

| 2. | If the answer to Question 1 is in the affirmative: is Article 5 of, in conjunction with Annex II to, 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] (2) to be interpreted, in the light of Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007, as meaning that the infrastructure manager is under an obligation to make real-time data on other railway undertakings’ trains available to railway undertakings in a non-discriminatory manner, in so far as those trains constitute main connecting services within the meaning of Annex II, Part II, to Regulation (EC) No 1371/2007? |
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2.

If the answer to Question 1 is in the affirmative: is Article 5 of, in conjunction with Annex II to, 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] (2) to be interpreted, in the light of Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007, as meaning that the infrastructure manager is under an obligation to make real-time data on other railway undertakings’ trains available to railway undertakings in a non-discriminatory manner, in so far as those trains constitute main connecting services within the meaning of Annex II, Part II, to Regulation (EC) No 1371/2007?

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(1)  OJ 2007 L 315, p. 14.

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(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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