# C_2014093EN.01000402.xml

| 29.3.2014 | EN | Official Journal of the European Union | C 93/4 |
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29.3.2014

EN

Official Journal of the European Union

C 93/4

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Judgment of the Court (Sixth Chamber) of 13 February 2014 — European Commission v Republic of Bulgaria

(Case C-152/12) (1)

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(Failure of a Member State to fulfil obligations - Transport - Directive 2001/14/EEC - Development of the Union’s railways - Charging scheme for access to railway infrastructure - Articles 7(3) and 8(1) - Possibility of levying a mark-up on charges - Costs directly incurred as a result of operating the train service)

2014/C 93/06

Language of the case: Bulgarian

Parties

Parties

Applicant: European Commission (represented by: R. Vasileva and H. Støvlbæk, acting as Agents)

Applicant:

Defendant: Republic of Bulgaria (represented by: T. Ivanov, D. Drambozova and E. Petranova, acting as Agents)

Defendant:

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents)

Intervener in support of the defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 7(3) and 8(1) 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. 1) — Charging scheme for access to railway infrastructure — Notion of ‘cost directly incurred as a result of operating the train service’ — Income exceeding the costs directly incurred as a result of operating the train service — Conditions for the application of Article 8(1) of Directive 2001/14/EC.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by allowing to be included in the calculation of charges incurred for all of the minimum services and for access by the network to the service infrastructure costs, namely staff remuneration and social security contributions, which cannot be considered to be directly incurred as a result of operating the train service, the Republic of Bulgaria has failed to fulfil its obligations under Article 7(3) 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007; |
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1.

Declares that, by allowing to be included in the calculation of charges incurred for all of the minimum services and for access by the network to the service infrastructure costs, namely staff remuneration and social security contributions, which cannot be considered to be directly incurred as a result of operating the train service, the Republic of Bulgaria has failed to fulfil its obligations under Article 7(3) 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the European Commission, the Republic of Bulgaria and the Republic of Poland to bear their own costs. |
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3.

Orders the European Commission, the Republic of Bulgaria and the Republic of Poland to bear their own costs.

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(1)  OJ C 174, 16.6.2012.

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