45In that regard, since the prerequisite for creating fair competition in the sector of the supply of railway services is equal treatment of railway undertakings, the infrastructure manager must ensure, by virtue of Article 4(5) of that directive, that the application of the charging scheme is applied in such a way that different railway undertakings which perform services of an equivalent nature in a similar part of the market are subject to equivalent and non-discriminatory charges and that the charges actually applied comply with the rules laid down in the rail network statement.
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