Action brought on 30 October 2014 — European Commission v Federal Republic of Germany

(Case C-482/14)

(2015/C 016/27)

Language of the case: German

Parties

Applicant: European Commission (represented by: W. Mölls, J. Hottiaux and T. Maxian Rusche, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should decide as follows:

1.	By allowing public funds paid for the management of railway infrastructure to be transferred to transport services, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(1) of Directive 2012/34/EU (1) (Article 6(1) of Directive 91/440/EEC).

2.

By failing to ensure that compliance with the prohibition on transferring public funds for the management of railway infrastructure to transport services can be monitored by the type of accounting system, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(4) of Directive 2012/34/EU (Article 6(1) of Directive 91/440/EEC).

3.	By failing to ensure that infrastructure charges can be used only to fund the infrastructure manager’s business, the Federal Republic of Germany has failed to fulfil its obligations under Article 31(1) of Directive 2012/34/EU (Article 7(1) of Directive 2001/14/EC).

4.

By failing to ensure that public funds paid for the provision of public passenger transport services are shown separately in the relevant accounts, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(3) of Directive 2012/34/EU (Article 9(4) of Directive 91/440/EEC) and under Article 6(1) in conjunction with point 5 of the Annex to Regulation (EC) No 1370/2007 (2).

5.	The Federal Republic of Germany shall pay the costs of the proceedings.

Pleas in law and main arguments

The applicant relies on the following in support of its action:

Germany allows the Deutsche Bahn group, by means of profit transfer agreements, to use railway infrastructure managers’ revenues in the form of infrastructure charges and public funds for purposes other than the management of infrastructure. Those funds could, in particular, be used for the purposes of transport services. That is contrary to Articles 6(1) and 31(1) of Directive 2012/34/EU.

In addition, the infrastructure managers’ accounting system does not allow the prohibition on transferring public funds to transport services to be monitored. Germany allows that, which is contrary to Article 6(4) of Directive 2012/34/EU.

Lastly, Germany does not ensure that public funds paid for the provision of public passenger transport services are shown separately in the relevant accounts. That is contrary to Article 6(3) of Directive 2012/34/EU and to Article 6(1) in conjunction with point 5 of the Annex to Regulation (EC) No 1370/2007.

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(1)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, OJ 2012 L 343, p. 32.

(2)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, OJ 2007 L 315, p. 1.