1.

The provisions 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 and safety certification, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, in particular Article 4(5) and Article 30 thereof, must be interpreted as precluding an ordinary court of a Member State ruling on an action for damages against the State brought by a railway undertaking on the basis of an incorrect implementation of that directive, resulting in an alleged overpayment of a charge to the infrastructure manager, where the regulatory body and, as the case may be, the court having jurisdiction to hear appeals against the decisions of that body have not yet ruled on the legality of that charge.

Article 30(2), (5) and (6) of Directive 2001/14, as amended by Directive 2007/58, must be interpreted as requiring that a railway undertaking holding an access permit has the right to challenge the amount of individual charges set by the infrastructure manager before the regulatory body, that that body take a decision on that challenge and that that decision may be reviewed by the court having jurisdiction to conduct such review.

2.

EU law must be interpreted not precluding national civil liability law from making the rights of individuals to obtain compensation for damage suffered as a result of an infringement of EU law by a Member State subject to less stringent conditions than those laid down by EU law.