# C_2022340EN.01001101.xml

| 5.9.2022 | EN | Official Journal of the European Union | C 340/11 |
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5.9.2022

EN

Official Journal of the European Union

C 340/11

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Judgment of the Court (Fifth Chamber) of 14 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH

(Case C-500/20) (1)

(Reference for a preliminary ruling - International agreements - Railway transport - Convention concerning International Carriage by Rail (COTIF) - Uniform Rules concerning the contract for the use of infrastructure in international rail traffic (CUI) - Article 4 - Mandatory law - Article 8 - Liability of the manager - Article 19 - Other actions - Jurisdiction of the Court - Damage to the carrier’s locomotives following a derailment - Leasing of replacement locomotives - Obligation on the infrastructure manager to reimburse lease costs - Contract extending the parties’ liability by reference to national law)

(2022/C 340/11)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: ÖBB-Infrastruktur Aktiengesellschaft

Defendant: Lokomotion Gesellschaft für Schienentraktion mbH

Operative part of the judgment

| 1. | The Court of Justice of the European Union, acting in accordance with Article 267 TFEU, has jurisdiction to interpret Article 4, Article 8(1)(b) and Article 19(1) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999, entitled ‘Uniform Rules concerning the contract for the use of infrastructure in international rail traffic (CUI)’; |
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1.

The Court of Justice of the European Union, acting in accordance with Article 267 TFEU, has jurisdiction to interpret Article 4, Article 8(1)(b) and Article 19(1) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999, entitled ‘Uniform Rules concerning the contract for the use of infrastructure in international rail traffic (CUI)’;

| 2. | Article 8(1)(b) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 must be interpreted as meaning that the liability of the infrastructure manager for loss of or damage to property does not include the costs incurred by the railway undertaking as a result of having to lease replacement locomotives while the damaged locomotives were being repaired; |
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2.

Article 8(1)(b) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 must be interpreted as meaning that the liability of the infrastructure manager for loss of or damage to property does not include the costs incurred by the railway undertaking as a result of having to lease replacement locomotives while the damaged locomotives were being repaired;

| 3. | Article 4 and Article 19(1) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 must be interpreted as meaning that the parties to the contract may assume greater liability by means of a blanket reference to national law, under which the extent of the infrastructure manager’s liability is greater and such liability is conditional upon fault. |
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3.

Article 4 and Article 19(1) of Appendix E to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 must be interpreted as meaning that the parties to the contract may assume greater liability by means of a blanket reference to national law, under which the extent of the infrastructure manager’s liability is greater and such liability is conditional upon fault.

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(1)  OJ C 19, 18.1.2021.

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