Infrastructure Managers vs Railway Undertakings – Allocation of Responsibility in EU Rail Operations
Rail transport in the European Union depends on close cooperation between infrastructure managers and railway undertakings. Infrastructure managers operate and maintain the railway network, while railway undertakings run trains and provide passenger or freight services. This separation between infrastructure management and transport operations is one of the key principles of EU railway law established by Directive 2012/34/EU
establishing a Single European Railway Area.
In daily rail operations many situations can lead to questions about responsibility. Trains may be delayed because of signal failures, track maintenance, or power supply issues. Rolling stock may damage infrastructure. Access to busy lines may be limited and operators may compete for train paths. Each of these situations may create disputes about who caused the problem and who should bear the financial consequences.
The basic rules for access to railway infrastructure in the EU are set out in Directive 2012/34/EU. The directive created a common framework for railway markets across the EU and requires Member States to provide fair and non-discriminatory access to the railway network. Railway undertakings that have the required licence and safety certificate must be able to operate services on the network, while infrastructure managers must provide access under clear and transparent conditions.
Infrastructure access and operational responsibilities
In practice, the relationship between infrastructure managers and railway undertakings is organised through several documents required by EU law. Infrastructure managers must publish a network statement. This document describes the technical characteristics of the network, access conditions, operational rules and the process for requesting train paths. Railway undertakings that are willing to run trains must also conclude an infrastructure access agreement with the infrastructure manager. These agreements set the practical terms for using the network and usually contain rules on liability, compensation and operational cooperation.
Infrastructure managers are responsible for maintaining the railway infrastructure so trains can run safely. This includes tracks, switches, signalling systems and power supply installations. When one of these elements fails, train services may be disrupted. A signalling failure may stop trains on an entire line. A damaged section of track may require speed restrictions or temporary closure of the route. In such cases railway undertakings may claim compensation for delays or additional operational costs, depending on the terms of the access agreement.
Infrastructure managers also organise train movements on the network and allocate railway infrastructure capacity. The EU framework for capacity allocation is also set out in Directive 2012/34/EU. Railway undertakings apply for train paths, and the infrastructure manager decides how the available capacity is distributed. When many operators request the same route at similar times, the infrastructure manager must coordinate those requests and allocate capacity in a transparent and non-discriminatory way.
Railway undertakings also have their own responsibilities. They must operate trains safely and make sure their staff follow the operational rules that apply on the network. Train drivers must respect signalling instructions and traffic management decisions. These obligations form part of the EU railway safety framework set out in Directive 2016/798 on railway safety.
Railway undertakings are also responsible for the technical condition of their rolling stock. Trains must be compliant with the relevant technical requirements and properly maintained before they enter the network. If a defective vehicle causes damage to the infrastructure, the infrastructure manager may seek compensation for repair costs and operational disruptions.
Allocation of liability
Disputes often appear when trains are delayed or services are disrupted. Railway undertakings may claim that the delay was caused by infrastructure problems, for example signalling failures or defects in the track. Infrastructure managers may see it differently and argue that the disruption was caused by the operator, for instance because the train was not ready on time or because of a technical problem with the rolling stock.
Damage to infrastructure can also lead to disagreements. Railway infrastructure is used intensively and is constantly exposed to heavy loads. When damage appears, it is not always clear what caused it. In many situations technical checks are needed before responsibility can be established.
Capacity allocation can also lead to disputes. On busy routes the number of requested train paths may be higher than the available capacity. In such cases the infrastructure manager must decide how the available paths are distributed between operators. If an operator believes that the decision was not fair or transparent, it may question the allocation. EU railway law therefore requires Member States to have independent regulatory bodies that oversee access to railway infrastructure and handle complaints from railway undertakings.
Dispute resolution
Contracts between infrastructure managers and railway undertakings also play an important role in these situations. Infrastructure access agreements usually include provisions on liability, compensation and the way claims should be handled. These agreements help clarify what happens when delays occur or when infrastructure is damaged, and they set out how the risks are shared between the parties.
If a disagreement cannot be solved during regular operations, other options are available. The parties may first try to resolve the issue through negotiation. Railway undertakings may also bring a complaint before the national railway regulator. In more complex situations disputes may eventually go to arbitration or to national courts.
The relationship between infrastructure managers and railway undertakings therefore combines operational cooperation with legal and contractual responsibilities. Clear rules on access to infrastructure and on the division of responsibilities prevent conflicts and support the easy functioning of railway transport across the EU.
Grzegorz Kłodkowski
Attorney at Law (PL)