Case T-771/25, ÖBB Personenverkehr: Request for a preliminary ruling from the Bundesverwaltungsgericht (Austria) made on 16 October 2025 – ÖBB Personenverkehr AG v Schienen-Control Kommission
Date: 2025-10-16
Institutions: General Court
Subjects: carriage of passengers, passenger rights, rail transport








C_202600482EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/482


2.2.2026






Request for a preliminary ruling from the Bundesverwaltungsgericht (Austria) made on 16 October 2025 – ÖBB Personenverkehr AG v Schienen-Control Kommission


(Case T-771/25, ÖBB Personenverkehr)

(C/2026/482)
Language of the case: German

Referring court

Bundesverwaltungsgericht (Austria)

Parties to the main proceedings


Applicant: ÖBB Personenverkehr AG

Defendant: Schienen-Control Kommission

Other party to the proceedings: LV

Questions referred







1.


Is the definition of ‘delay’ set out in Article 3(17) of Regulation (EU) 2021/782 (1) to be interpreted as meaning that that term also covers travel time extensions arising from the fact that the railway undertaking providing the service has brought forward the train’s departure time vis-à-vis the departure time originally scheduled at the time the ticket was purchased, but where the arrival time at the station of final destination nevertheless remains unchanged?






(a)


If the first question is answered to the effect that the term ‘delay’ also covers travel time extensions arising from the bringing forward of the departure time: are the provisions of Article 3(17), read in conjunction with Article 17 and Article 19(1), of Regulation (EU) 2021/782 to be interpreted as meaning that passengers are entitled to compensation as provided for under Article 19(1) of that regulation if the train’s departure time is brought forward by more than 60 minutes (first point of Article 19(1) of that regulation) or by 120 minutes or more (second point of Article 19(1) of that regulation)?










(b)


If the first question is answered to the effect that the term ‘delay’ also covers travel time extensions arising from the bringing forward of the departure time: is Article 18(1) of Regulation (EU) 2021/782 to be interpreted as meaning that a travel time extension is to be regarded as a cancellation where that travel time extension results from the bringing forward, by the railway undertaking providing the service, of the train’s departure time by 60 minutes or more vis-à-vis the departure time originally scheduled at the time the ticket was purchased?










(c)


If the first question is answered to the effect that the term ‘delay’ also covers travel time extensions arising from the bringing forward of the departure time: for the purposes of assessing whether a delay within the meaning of Article 3(17) of Regulation (EU) 2021/782 has occurred in cases where a further (new) change to the departure time is made by the railway undertaking less than fifteen minutes before the departure time (that had already been brought forward), should the original departure time (as brought forward) or the actual departure time of the train be taken into account?














2.


Are the provisions of Article 3(17) and (18) of Regulation (EU) 2021/782 to be interpreted as meaning that, where the absence of technical records means that a railway undertaking is unable to furnish precise proof of a train’s time of arrival, within the meaning of Article 3(18) of that regulation – that is to say, the moment when the doors of the train can be opened on the destination platform (door release) and passengers are allowed to disembark – any doubt when assessing whether a delay has occurred should operate to the detriment of that railway undertaking?






(1)  Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (OJ 2021 L 172, p. 1).


ELI: http://data.europa.eu/eli/C/2026/482/oj
ISSN 1977-091X (electronic edition)