ECJ Ruling on Track Access Charges: Why a Real Reform is Now Essential

The ruling from Luxembourg is making waves: The European Court of Justice (ECJ) has declared the German “track access charge brake” for regional rail passenger transport (SPNV) incompatible with EU law. What might sound like a minor legal technicality has massive implications for the mobility of millions of people in Germany.

The End of Short-Term “Brakes”

Until now, the track access charge brake served as a vital relief instrument to artificially keep rail costs stable. With today’s ruling, this safety net has been removed. In practical terms, this means that unless policymakers take immediate action, regional trains will have to pay full track access charges again effective immediately.

This not only places a massive burden on the budgets of the German federal states but ultimately threatens the stability of the entire rail network. The ruling makes it unmistakably clear: short-term emergency “brakes” are not legally sustainable. What is needed now is a systemic solution.

“The Clock is Ticking”: An Appeal to the Federal Government

The industry is alarmed. Pro-Rail Alliance (Allianz pro Schiene) views the decision as a clear mandate for the legislator. Managing Director Dirk Flege warns of the consequences for commuters and national climate targets if the federal government fails to deliver quickly. The coalition agreement already outlines a reform – the ECJ ruling makes its implementation more urgent than ever.

The Vision for 2027: A Fair Pricing System

Concepts for a fresh start are already on the table. The goal is a fair track access charging system to be implemented by 2027 at the latest. The central pillars of this demand are:

  • The Marginal Cost Principle: In the future, track access charges should be based on the direct costs of a train journey. This is the only way for rail to become permanently competitive with road transport, rather than being slowed down by passing on all infrastructure costs to the operators.
  • Balanced Burden Sharing: A fair distribution of costs between freight, long-distance, and regional transport is the foundation of a functioning network.
  • Stronger Federal Participation: The federal government must significantly increase its contribution to infrastructure financing. This relieves users and is a necessary investment in reducing CO2 emissions.

Conclusion

Anyone who is serious about the transport transition and wants to shift more traffic from road to rail must stop putting obstacles in the way of the railway. The marginal cost principle is the only viable path to making rail competitive and saving climate targets in the transport sector. The ECJ ruling is not a setback, but rather the starting signal for a long-overdue, fundamental reform.

Source: Nach EuGH-Urteil: Allianz pro Schiene drängt auf Reform der Trassenpreise | Allianz pro Schiene

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