The European Commission started legal action against Germany and Spain to implement the Directive 2012/34/EU on the single European railway area.
The EC sent Germany a formal notice letter for failing to transpose certain provisions of the EU rules on establishing a single European railway area. In November 2012, the Member States adopted the Directive and agreed to transpose the rules into national law by 16 June 2015. Thus, the EC says that Germany now has two months to reply, otherwise, the Commission may decide to send a reasoned opinion.
The Directive aims to create a single European rail area, notably on the power of national regulators, improved framework for investment in rail, and fair and non-discriminatory access to rail infrastructure and rail related services.
Spain also faces issues on the same Directive, but unlike Germany, Spain failed to correctly transpose and apply the EU legislation establishing a single European railway area. The EC says that the rail regulatory framework in Spain is in breach of several provisions of the Directive, concerning inter alia the functions and resources of the regulatory body, the management independence of the infrastructure manager and the management of the railway undertakings according to commercial principles. Relating to the IM, the European Commission underlines the issues on the infrastructure charges and state financing arrangements.
Spain has two months to reply to the arguments raised by the Commission, otherwise, the Commission may refer the case to the Court of Justice of the EU.
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