The Ministry of Transport said it will examine the European Court of Justice ruling concerning the train‑tariff cap. According to a ministry spokesperson, the judgement first provides legal certainty from the ministry’s perspective.
The ministry said it will factor the ECJ decision into its internal review of a possible reform of the freight‑tariff system. The spokesperson added that the ministry still awaits the decision of the Administrative Court of Cologne before proceeding. Once the reform is reviewed, it will be presented to the public soon.
The spokesperson also clarified that the Federal Network Agency remains independent in its regulatory duties and is not subject to the federal ministry’s oversight. He noted that it is still unclear how the ECJ ruling will impact train tariffs. Consequently, the agency will need to conduct a technical assessment of the market viability of rail passenger traffic to determine any necessary changes.
On Thursday, the European Court of Justice held that Germany’s tariff cap for rail usage in regional transport violates EU law. The Luxembourg judges indicated that infrastructure operators should have a certain degree of flexibility in calculating fees, enabling them to manage their operations independently. Germany’s regulation does not afford sufficient leeway, which the court said undermines the goal of making rail transport efficient and competitive.
