Judgment_paragraph 222 · Lietuvos geležinkeliai AB v European Commission (T-814/17)

222While, as the applicant maintains, as the infrastructure manager, that, under the applicable regulatory framework, it had a special responsibility for, in particular, the safe design, maintenance and operation of its rail network (recital 17 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety of the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14 (Railway Safety Directive) (OJ 2004 L 164, p. 44) and Article 24 of the Railway Transport Code), it is quite clear that the infrastructure manager is not, under that regulatory framework, obliged solely to guarantee safe traffic, but is also obliged to minimise disturbance on the rail network and to restore the normal situation following a disturbance to train movements. The infrastructure manager must take into account both obligations. It must therefore be held that, in the present case, the removal of the entire Track could not be justified solely on safety grounds, since safety had already been duly ensured by the suspension of traffic on 2 September 2008.

Lietuvos geležinkeliai AB v European Commission (T-814/17)

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