Decision of the Federal Administrative Court on traction vehicle manipulation

In a ruling on a provision in the rail network usage conditions of a railway infrastructure company, the Federal Administrative Court upheld the approach taken by the Schienen-Control . The court dismissed the appeal lodged by ÖBB Infrastruktur AG against a decision dated May 22, 2024 as unfounded, thereby confirming the legal opinion of the authority.

Specifically, the Schienen-Control had declared invalid a provision that excluded locomotive manipulation and wagon technical handling for ad hoc train paths on working days at the Spielfeld-Straß border station. In the opinion of the authority, this regulation violated the Railway Act (EisbG), as it restricted non-discriminatory access to the railway infrastructure and was not objectively justified.

ÖBB-Infrastruktur AG cited as the reason for the regulation its desire to encourage rail transport companies to use multi-system traction vehicles that can be used in both the Austrian and Slovenian traction current systems.

This outcome not only strengthens legal certainty for railway undertakings that do not own multi-system traction vehicles, but also underlines the importance of fair and transparent access to infrastructure.