CELEX: 62015CA0489
Language: en
Date: 2017-11-09 00:00:00
Title: Case C-489/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG (Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges)

8.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 5/3
            
         Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG
   (Case C-489/15) (1)
   
   ((Reference for a preliminary ruling - Rail transport - Directive 2001/14/EC - Infrastructure charges - Pricing - National regulatory body monitoring the conformity of those infrastructure charges with that directive - Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking - Principle of non-discrimination - Reimbursement of the charges without intervention by that body and outside the claims procedures involving it - National legislation enabling the civil courts to set a fair amount in the case of unfair charges))
   (2018/C 005/03)
   Language of the case: German
   
      Referring court
   
   Landgericht Berlin (Germany)
   
      Parties to the main proceedings
   
   
      Applicant: CTL Logistics GmbH
   
      Defendant: DB Netz AG
   
      Operative part of the judgment
   
   The provisions 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 2004/49/EC of the European Parliament and of the Council of 29 April 2004, in particular Article 4(5) and Article 30(1), (3), (5) and (6) of that directive, as amended, must be interpreted as meaning that they preclude the application of national legislation, such as that at issue in the main proceedings, which provides for a review of the equity of charges for the use of railway infrastructure, on a case-by-case basis, by the ordinary courts and the possibility, if necessary, of amending the amount of those charges, independently of the monitoring carried out by the regulatory body provided for in Article 30 of Directive 2001/14, as amended by Directive 2004/49.
   
      (1)  OJ C 406, 7.12.2015.