Declaration of invalidity of a provision in the terms and conditions for use of the rail network

In a decision dated May 22, 2024, the Schienen-Control declared invalid a provision in the rail network usage conditions that excluded locomotive manipulation and wagon technical treatments for ad hoc train paths on working days at a traffic station. The railway infrastructure company lodged an appeal against this decision. It included a note in the rail network usage conditions stating that the provision declared invalid would remain in force retroactively depending on the outcome of the appeal proceedings and that the railway infrastructure company would invoke this in such a case. In its decision of September 9, 2024, the Schienen-Control declared this note invalid because it violated § 56 (1) and § 63 (1) EisbG.

regarding the decision