# C_2013026EN.01000502.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/5 |
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26.1.2013

EN

Official Journal of the European Union

C 26/5

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Judgment of the Court (First Chamber) of 22 November 2012 (reference for a preliminary ruling from the Schienen-Control Kommission — Austria) — Westbahn Management GmbH v ÖBB-Infrastruktur AG

(Case C-136/11) (1)

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(Transport - Rail transport - Obligation of the railway infrastructure manager to provide railway undertakings in real time with all information concerning train movements, in particular information on delays to connecting trains)

2013/C 26/09

Language of the case: German

Referring court

Referring court

Schienen-Control Kommission

Parties to the main proceedings

Parties to the main proceedings

Applicant: Westbahn Management GmbH

Applicant:

Defendant: ÖBB-Infrastruktur AG

Defendant:

Re:

Re:

Reference for a preliminary ruling — Schienen-Control Kommission Wien — Interpretation of 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 (OJ 2007 L 315, p. 14) and of 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 (OJ 2001 L 75, p. 29) — Obligation of the railway infrastructure manager to provide railway undertakings, in real time, with all information on train movements, including information on possible delays in connecting services

Operative part of the judgment

Operative part of the judgment

| 1. | Article 8(2) of, in conjunction with Part II of Annex 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 must be interpreted as meaning that the information on main connecting services must, in addition to scheduled departure times, also include delays to or cancellations of those connecting services, whichever railway undertaking operates them. |
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1.

Article 8(2) of, in conjunction with Part II of Annex 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 must be interpreted as meaning that the information on main connecting services must, in addition to scheduled departure times, also include delays to or cancellations of those connecting services, whichever railway undertaking operates them.

| 2. | Article 8(2) of, in conjunction with Part II of Annex II to, Regulation No 1371/2007 and 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, as amended by Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004, must be interpreted as meaning that the infrastructure manager is required to make available to railway undertakings, in a non-discriminatory manner, real time data relating to trains operated by other railway undertakings, in so far as those trains constitute main connecting services within the meaning of Part II of Annex II to Regulation No 1371/2007. |
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2.

Article 8(2) of, in conjunction with Part II of Annex II to, Regulation No 1371/2007 and 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, as amended by Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004, must be interpreted as meaning that the infrastructure manager is required to make available to railway undertakings, in a non-discriminatory manner, real time data relating to trains operated by other railway undertakings, in so far as those trains constitute main connecting services within the meaning of Part II of Annex II to Regulation No 1371/2007.

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(1)  OJ C 173, 11.6.2011.

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