Judgment_paragraph 42 · AS „LatRailNet” and „Latvijas dzelzceļš” VAS v Valsts dzelzceļa administrācija (C-144/20)

42That independence of the railway infrastructure manager in determining the amount of the charges has been recognised by the Court both in the infrastructure manager’s relationship with the Member State concerned (judgments of 28 February 2013, Commission v Spain, C‑483/10, EU:C:2013:114, paragraph 44, and of 3 October 2013, Commission v Italy, C‑369/11, EU:C:2013:636, paragraphs 45 and 46) and in the relationship between the infrastructure manager and the railway undertakings (see, to that effect, judgment of 28 February 2013, Commission v Hungary, C‑473/10, EU:C:2013:113, paragraph 79).