The European Court of Justice (ECJ) has ruled against the German cap on track access charges (TAC) for local passenger traffic. Since 2016, rail freight has had to fill the gaps by paying higher fees. The ECJ’s ruling will put an end to this and open the way to massive financial compensation.
Track access charges for local passenger transportation in Germany have been linked to increases in regionalisation funds. These help finance local public transport. This linkage “partially protects them from the high annual price increases imposed by DB InfraGO”, says German rail freight association Die Güterbahnen.
The subsequently higher TACs for rail freight have been a major annoyance for the industry. Higher charges bring about higher costs. This hinders the competitiveness of rail freight companies. They already struggle to compete with the road sector.
“This ruling is the final nail in the coffin for the current German track access charge system”, commented Die Güterbahnen Managing Director Peter Westenberger.
Multi-million euro refunds
“Federal Transport Minister Schnieder must now prioritise presenting proposals for a fair, legally sound, reliable, and effective track access charge system that will boost transport volumes. We demand that the incorrect track access charge calculations for 2025 and 2026 be reversed as quickly as possible.”
The ruling is great news for TAC-paying rail freight companies operating in Germany. They can reclaim the overpaid charges. They expect the total figure to amount to a “three-figure million-euro sum”, between 100 million and 999 million euros.