Opinion of the Advocate General — ECLI:EU:C:2026:317
Date: 2026-04-16
Language of the case: Italian

Translation C-161/25 – 1 
Case C-161/25 
Request for a preliminary ruling 
Date lodged: 
24 February 2025 
Referring court: 
Consiglio di Stato (Italy) 
Date of the decision to refer: 
18 February 2025 
Appellant: 
Autorità di regolazione dei trasporti 
Respondents and applicants at first instance: 
Captrain Italia 
Rail Cargo Carrier Italy Srl 
Fuorimuro Inpresa Ferroviaria Srl 
Inrail SpA 
SBB Cargo Italia Srl 
Oceanogate Italia SpA 
GTS Rail SpA 
Adriafer Srl with sole shareholder 
DB Cargo Italia Srl 
Sangritana SpA 
  
The facts are similar to those in DDP C-162/25; the preliminary questions are 
virtually identical, except for the wording of the final part of the third question, 
which is reproduced below. 
EN 
REQUEST FOR A PRELIMINARY RULING OF 18. 2. 2025 – CASE C-161/25 
 
2  
‘… If the answer to the previous question is in the affirmative, does Article 35 
require the regulatory authority, when it introduces or, in any event, “validates” a 
penalty scheme for border stations imposed on rail freight undertakings, to ensure 
at all times compliance with the provisions of that article, guaranteeing the 
neutrality of the measure, so that: (i) bonuses must be given to diligent railway 
undertakings, (ii) compensation is to be provided to undertakings suffering loss or 
damage and (iii) the penalties must also be imposed on the manager where the 
manager itself is the cause of the delay, where it is considered that the neutrality 
of the measure implies that each penalty is such as to affect both sides’.