Judgment_paragraph 24 · Federal Republic of Germany v Council of the European Union (C-600/14)

24As regards Agenda item 7 at the 25th session of the OTIF Revision Committee, concerning the partial revision of Appendix D (CUV), Section 3 of the annex to the contested decision states:‘…Competence: shared.Exercising voting rights: Union.Recommended Union position: Amendments to Articles 2 and 9 to be supported as they clarify the roles of the keeper and of the entity in charge of maintenance in line with Union law (Directive 2008/110/EC of the European Parliament and of the Council [of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways (Railway Safety Directive) (OJ 2008 L 345, p. 62)]. However, the proposed amendment to Article 7 submitted by [the French Republic] concerning the liability of the person who has provided a vehicle for use as a means of transport in case of damage resulting from a defect of the vehicle needs further analysis within the Union before taking a decision in OTIF. Therefore, the Union is not in a position to support this amendment proposal at this [session of the OTIF Revision Committee] and proposes to postpone the decision until the next General Assembly in order to further assess this issue. The Union takes the same position, i.e. to postpone the decision until the next General Assembly in order to further assess the issue, on the proposal of [the Federal Republic of Germany] for a new Article 1a presented to OTIF during Union coordination.Additional recommended Union position: In document CR 25/7 ADD 1, page 6, at the end of paragraph 8a, add: “The amendment to Article 9, paragraph 3, first indent, does not affect the existing allocation of liabilities between [the entity in charge of maintenance] and the keeper of the vehicles”.’