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Document 62020CA0721
Case C-721/20: Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH (Reference for a preliminary ruling — Rail transport — Article 102 TFEU — Abuse of a dominant position — Directive 2001/14/EC — Access to railway infrastructure — Article 30 — Railway regulatory body — Review of infrastructure charges — National courts — Review of charges in the light of competition law — Division of competence between the regulatory authority and the national courts)
Case C-721/20: Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH (Reference for a preliminary ruling — Rail transport — Article 102 TFEU — Abuse of a dominant position — Directive 2001/14/EC — Access to railway infrastructure — Article 30 — Railway regulatory body — Review of infrastructure charges — National courts — Review of charges in the light of competition law — Division of competence between the regulatory authority and the national courts)
Case C-721/20: Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH (Reference for a preliminary ruling — Rail transport — Article 102 TFEU — Abuse of a dominant position — Directive 2001/14/EC — Access to railway infrastructure — Article 30 — Railway regulatory body — Review of infrastructure charges — National courts — Review of charges in the light of competition law — Division of competence between the regulatory authority and the national courts)
OJ C 472, 12.12.2022, p. 7–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 27/10/2022
- Date lodged:
- 30/12/2020
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- German
- Type of procedure:
- Reference for a preliminary ruling - inadmissible, Reference for a preliminary ruling
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- Case affecting:
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- Related EU case-law document 62020CJ0721
- Instruments cited in case law:
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|
12.12.2022 |
EN |
Official Journal of the European Union |
C 472/7 |
Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH
(Case C-721/20) (1)
(Reference for a preliminary ruling - Rail transport - Article 102 TFEU - Abuse of a dominant position - Directive 2001/14/EC - Access to railway infrastructure - Article 30 - Railway regulatory body - Review of infrastructure charges - National courts - Review of charges in the light of competition law - Division of competence between the regulatory authority and the national courts)
(2022/C 472/08)
Language of the case: German
Referring court
Kammergericht Berlin
Parties to the main proceedings
Applicant: DB Station & Service AG
Defendant: ODEG Ostdeutsche Eisenbahn GmbH
Operative part of the judgment
Article 30 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 2007/58/EC of the European Parliament and of the Council of 23 October 2007,
must be interpreted as not precluding national courts from applying Article 102 TFEU and national competition law concurrently, in order to hear and determine a claim for reimbursement of infrastructure charges, provided, however, that the competent regulatory body has previously ruled on the lawfulness of the charges in question. In that context, a duty of sincere cooperation is incumbent upon those courts, which are required to take account of decisions delivered by that body as a criterion of assessment and to give reasons for their own decisions in the light of all the documents in the files submitted to them.
