47In that regard, it should be noted that the situation of undertakings operating in different transport sectors is not comparable since the different modes of transport – having regard to the manner in which they operate, the conditions governing their accessibility and the distribution of their networks – are not interchangeable as regards the conditions of their use. In those circumstances, the EU legislature was entitled to establish rules for providing a level of customer protection that varied according to the transport sector concerned (Case C‑12/11 McDonagh [2013] ECR, paragraphs 56 and 57).
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