Judgment_paragraph 4 · Koleje Mazowieckie – KM Sp. z o.o. v Skarb Państwa – Minister Infrastruktury i Budownictwa obecnie Minister Infrastruktury i Prezes Urzędu Transportu Kolejowego and PKP Polskie Linie Kolejowe S.A (C-120/20)

4Article 2 of that directive, entitled ‘Definitions’, provides:‘For the purpose of this Directive:…(b) “applicant” means a licensed railway undertaking and/or an international grouping of railway undertakings, and, in Member States which provide for such a possibility, other persons and/or legal entities with public service or commercial interest in procuring infrastructure capacity, such as public authorities under Regulation (EEC) No 1191/69 [of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ 1969 L 156, p. 1)] and shippers, freight forwarders and combined transport operators, for the operation of railway service on their respective territories;…(f) “framework agreement” means a legally binding general agreement on the basis of public or private law, setting out the rights and obligations of an applicant and the infrastructure manager or the allocation body in relation to the infrastructure capacity to be allocated and the charges to be levied over a period longer than one working timetable period;…(h) “infrastructure manager” means any body or undertaking that is responsible in particular for establishing and maintaining railway infrastructure. This may also include the management of infrastructure control and safety systems. The functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings;(i) “network” means the entire railway infrastructure owned and/or managed by an infrastructure manager;…(k) “railway undertaking” means any public or private undertaking, licensed according to applicable Community legislation, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking must ensure traction; this also includes undertakings which provide traction only;(l) “train path” means the infrastructure capacity needed to run a train between two places over a given time-period;…’