# C_2022165EN.01001701.xml

| 19.4.2022 | EN | Official Journal of the European Union | C 165/17 |
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19.4.2022

EN

Official Journal of the European Union

C 165/17

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Judgment of the Court (Fourth Chamber) of 24 February 2022 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — ORLEN KolTrans sp. z o.o. v Prezes Urzędu Transportu Kolejowego

(Case C-563/20) (1)

(Reference for a preliminary ruling - Rail transport - Directive 2001/14/EC - Article 4 - Setting of infrastructure charges by decision of the manager - Article 30(2) - Railway undertakings’ right to bring an administrative action - Article 30(6) - Judicial review of the decisions of the regulatory body)

(2022/C 165/19)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: ORLEN KolTrans sp. z o.o.

Defendant: Prezes Urzędu Transportu Kolejowego

Operative part of the judgment

| 1. | Article 30(2)(e) 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, must be interpreted as not governing the right of a railway undertaking, which uses or intends to use the railway infrastructure, to participate in any procedure conducted by the regulatory body for the purpose of adopting a decision approving or rejecting a draft unit rate for the basic charge for minimum access to infrastructure submitted by an infrastructure manager; |
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1.

Article 30(2)(e) 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, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, must be interpreted as not governing the right of a railway undertaking, which uses or intends to use the railway infrastructure, to participate in any procedure conducted by the regulatory body for the purpose of adopting a decision approving or rejecting a draft unit rate for the basic charge for minimum access to infrastructure submitted by an infrastructure manager;

| 2. | Article 30(6) of Directive 2001/14, as amended by Directive 2007/58 must be interpreted as meaning that a railway undertaking which uses or intends to use the railway infrastructure must be able to challenge before the court having jurisdiction the decision of the regulatory body approving the unit rates of the basic charge for minimum access to infrastructure established by the infrastructure manager. |
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2.

Article 30(6) of Directive 2001/14, as amended by Directive 2007/58 must be interpreted as meaning that a railway undertaking which uses or intends to use the railway infrastructure must be able to challenge before the court having jurisdiction the decision of the regulatory body approving the unit rates of the basic charge for minimum access to infrastructure established by the infrastructure manager.

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(1)  OJ C 44, 8.2.2021.

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