The latest Internet Antitrust and Regulatory Quarterly (IKAR) has published two articles by lawyers from HANTON Law Firm addressing theoretical and practical problems of regulating the rail sector.
As part of the law review, legal counsel Dominik Aptacy presented the most important planned changes to the Technical Specifications for Interoperability (TSI 2022 revision) in the context of the resulting new obligations of participants in the rail transport sector. The article takes a closer look at the planned changes to the TSIs by presenting the characteristics of the system of current standards in this area, as well as the priorities of European regulatory authorities accompanying the planned changes. The new TSIs address the need for innovative solutions in the railroad system, particularly with the use of information technology devices, such as systems for preventing derailments in freight transport. The changes also take into account the assumed spread of intermodal transport and the European Train Control System and European Rail Traffic Management System systems.
Counsellor Ewelina Nieznalska and Associate Counsellor Anna Głusiec, in a gloss on the CJEU's judgment of September 9, 2021 in Case C-144/20, discussed the issue of the regulatory body's authority to determine fees for access to railroad infrastructure, including in particular the authority of the regulatory body to adopt on its own initiative a decision obliging an undertaking performing the basic functions of a railroad infrastructure manager to introduce changes to the infrastructure charging system.
Those interested in the cited topics are encouraged to read the full content of the articles, available at the following link: https://ikar.wz.uw.edu.pl/images/numery/ikar_6_11/iKAR_611-22.pdf
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