The French Council of State, in its decision dated 15 April 2016, upheld Eurotunnel’s appeal and removed the attachment of the Channel Tunnel to the national network. This decision is definitive and is not susceptible to further appeal.
Eurotunnel, the concessionaire for the Channel Tunnel until 2086, appealed to the French Council of State on the basis that the French decree defining the networks comparable to the national railway network, which could only apply to the French half of the Channel Tunnel, was contrary to the terms of the Treaty of Canterbury which set out the bi-national nature of the Channel Tunnel in 1986.
Following the French Council of State’s decision, the Channel Tunnel will continue to operate under the unique status which prohibits a regulation from being imposed on only one side of the Channel creating obstacles and inconsistencies, or which seeks to set limits to its success factors: freedom to set prices for its shuttle services or charges for use of its network as set out in the RUC (Railway Usage Contract).
Share on:
