In its ruling of March 19, 2026 (C-770/24), the European Court of Justice issued a landmark decision regarding German rail transport: the so-called “track access charge cap” violates European law.
In the current issue (06/2006) of RdTW – Recht der Transportwirtschaft, TIGGES attorneys Dr. Frank Wilting and Gisela Hebrant from our Rail Practice Group analyze the background of the ruling as well as its potential implications for infrastructure operators, rail transport companies, and public authorities.
The ECJ clarifies that setting track access charges is one of the core functions of the infrastructure manager and must not be restricted by national regulations in a way that effectively eliminates its operational discretion. This puts the track access charge cap previously applicable to local rail passenger transport under scrutiny. This article examines in particular the consequences for future track access pricing, ongoing approval procedures, and potential issues regarding reimbursement and liability. At the same time, it becomes clear that while the ruling provides clarity regarding the track access charge cap’s incompatibility with European law, it simultaneously raises numerous follow-up questions for infrastructure managers, railway undertakings, and public authorities. We will closely monitor legal and regulatory developments and provide updates on significant changes.
Our authors, Dr. Frank Wilting and Gisela Hebrant, are available to discuss this topic with you.