ESTA Europe’s Post

🚨 🚨 Major European Commission decision in #eucompetition policy fining České dráhy (‘ČD') and Österreichische Bundesbahnen (‘ÖBB'), the Czech and Austrian rail incumbents, a total of €48.7 million for breaching EU antitrust rules by colluding to prevent a new entrant, RegioJet, from accessing used wagons, thus restricting competition on the rail passenger transport market. Short summary here: 1) ČD and ÖBB provide rail passenger transport services in Czechia and Austria. In 2011, RegioJet entered the long-distance rail passenger transport market in Czechia. To compete with ČD and ÖBB, RegioJet largely relied on used wagons. 2) The Commission's investigation found that, between 2012 and 2016, ČD and ÖBB colluded to maintain their market position and impede the expansion of RegioJet both in Czechia and on the international rail route between Prague and Vienna, in breach of Article 101 of the Treaty on the Functioning of the European Union (‘TFEU'). 3) ČD and ÖBB coordinated their actions in sales processes related to used ÖBB wagons for long-distance passenger transport, to prevent RegioJet from buying them. ÖBB's wagons were particularly relevant for RegioJet, in light of their quality and modern features, but also because they were already approved for operations in Czechia. 4) In particular, the Commission found that ČD and ÖBB: I) Collusively timed wagon sales so that RegioJet could not buy ÖBB's used wagons, II) Rigged ÖBB's used wagon sales procedures so that ČD could buy the wagons instead of RegioJet, III) Agreed on a suitable buyer other than RegioJet for ÖBB's used wagons that ČD was not interested in, IV) Exchanged confidential information about the bids and degree of interest of other bidders participating in the sales. 5) The fines were set on the basis of the Commission's 2006 Guidelines on fines. In setting the level of fines, the Commission took into account various elements, including the serious nature of the infringement, its geographic scope and its duration. 6) ÖBB cooperated with the Commission under the leniency programme (2006 Leniency Notice) and therefore received a fine reduction of 45%. The reduction reflects the timing of ÖBB's cooperation and the extent to which the evidence it provided helped the Commission to prove the existence of the cartel. 7) Personal comment; based on the information here this appears to be a very clear cut breach of Article 101 TFEU and a restriction by object. #eucompetitionlaw #railservices #railpassengers #transportservices #restrictionsofcompetition #Article101TFEU #leniency cc: Margrethe Vestager Giorgio Monti Kati Cseres https://lnkd.in/d8TtQRUk

EU transport rules not fair at all on islands – confirmed by ECJ in mobility package ruling 🇪🇺 👉🏻The European Court of Justice has just annulled the EU obligation in Regulation 2020/1055 for truck trailers on the continent to return to Malta every 8 weeks. 🧑⚖️ 👉🏻Parliament and Council acted without considering the proportionality of such measure, said the court. Such provisions clearly impose a disproportionate burden on islands like Malta. While the court generally upholds the other elements of the mobility package including the cabotage limitations and worker rest periods, the annulment of the truck return as not justified with the date in hand is now a clear indication that some of the Green deal provisions pushed incessantly from Brussels over the past few years are not taking into account the disproportionate burden they impose on island economies like Malta. This has to change. 👉🏻I am now here as MEP to work for this change. The Commission should have clear data on how its proposals are affecting islands before moving to regulate. This is now clear in the EPP Bucharest Manifesto and also recognised in President Von der Leyen’s declaration to Parliament in July. We now need to see that the European Commission sticks to its word. 🇪🇺 👉🏻The ECJ judgement should offer a little reprieve to Malta as now we can expect corresponding price reductions on land transport. The judgement should have wider political repercussions however. 👉🏻The ECJ ruling should also strengthen the hand of islands and peripheral regions to fend off and amend similar moves on air and sea transport including the unfair and the equally disproportionate ETS Maritime scheme🚢⚓️ which is now favouring north African ports to the prejudice of Malta Freeport and the Air Transport ✈️rules imposing equally disproportionate burdens on airport at the EU’s periphery like Malta.🇲🇹 #europeancommission #transportrules #airtransport #marinetransport #EU #energijagdida

The European Commission has fined České dráhy (‘ČD') and Österreichische Bundesbahnen (‘ÖBB'), the Czech and Austrian rail incumbents, a total of €48.7 million for breaching EU antitrust rules. ČD and ÖBB colluded to prevent a new entrant, RegioJet, from accessing used wagons, thus restricting competition on the rail passenger transport market. The infringement ČD and ÖBB provide rail passenger transport services in Czechia and Austria. In 2011, RegioJet entered the long-distance rail passenger transport market in Czechia. To compete with ČD and ÖBB, RegioJet largely relied on used wagons. The Commission's investigation found that, between 2012 and 2016, ČD and ÖBB colluded to maintain their market position and impede the expansion of RegioJet both in Czechia and on the international rail route between Prague and Vienna, in breach of Article 101 of the Treaty on the Functioning of the European Union (‘TFEU'). ČD and ÖBB coordinated their actions in sales processes related to used ÖBB wagons for long-distance passenger transport, to prevent RegioJet from buying them. ÖBB's wagons were particularly relevant for RegioJet, in light of their quality and modern features, but also because they were already approved for operations in Czechia. In particular, the Commission found that ČD and ÖBB: - Collusively timed wagon sales so that RegioJet could not buy ÖBB's used wagons. - Rigged ÖBB's used wagon sales procedures so that ČD could buy the wagons instead of RegioJet. - Agreed on a suitable buyer other than RegioJet for ÖBB's used wagons that ČD was not interested in. - Exchanged confidential information about the bids and degree of interest of other bidders participating in the sales.

🚧🚚 𝗗𝗼𝗻’𝘁 𝗹𝗲𝘁 𝗕𝗿𝗲𝗻𝗻𝗲𝗿 𝘀𝘁𝗮𝗹𝗹 𝗘𝘂𝗿𝗼𝗽𝗲𝗮𝗻 𝘁𝗿𝗮𝗱𝗲! A single-lane restriction on the Brenner motorway, a key artery for European #trade across the Alps, could severely disrupt millions of annual #freight deliveries. IRU, together with leading transport and logistics associations, is urging the European Commission to act now and work with affected countries to find solutions. We are committed to working with all parties to find practical solutions that ensure the #FreeMovementOfGoods. Read more ➡️ https://go.iru.org/J7 #RoadTransport

Today, the European Court of Justice (ECJ) made a pivotal ruling, annulling the requirement for vehicles involved in international transport to return to their operational base in the Member State of establishment every eight weeks—a rule imposed by Mobility Package 1 (2020). This provision, introduced by the European Parliament, was not only incompatible with EU law and the principles of the Single Market, but also undermined the EU's decarbonisation goals, while negatively impacting cost efficiency and supply chain viability. This case will be remembered as a critical moment, demonstrating that smart protectionism within the Single Market is ultimately unsustainable, and that a collaborative, truly European approach is always within reach. The decision affirms the importance of smart, sustainable, and efficient logistics solutions for the future of EU road transport. Today's ECJ decision was made possible through the relentless efforts of Lithuanian hauliers, industry leaders, government officials and diplomats, alongside strong partnerships across EU member states, the European business community, and other like-minded stakeholders. It was an invaluable experience to be at the heart of this effort. Proud to have contributed. TTLA Povilas Drizas LINAVA Lithuanian Confederation of Industrialists

📊🚛 𝐇𝐨𝐰 𝐦𝐮𝐜𝐡 𝐰𝐢𝐥𝐥 𝐭𝐡𝐞 𝐁𝐫𝐞𝐧𝐧𝐞𝐫 𝐏𝐚𝐬𝐬 𝐫𝐞𝐬𝐭𝐫𝐢𝐜𝐭𝐢𝐨𝐧𝐬 𝐜𝐨𝐬𝐭? A recent study by Uniontrasporti highlights the potential economic impact of Austria's Brenner Pass restrictions, with projected losses ranging from €174 million to €640 million per year. Discover the implications for traffic and freight transport, and how businesses are planning to adapt.

Starting January 1, 2025, Denmark will transition from the Eurovignette system to a road toll system based on vehicle weight and emissions class. This change will impact the cost of transportation through Denmark, and it is important, to be prepared for higher costs and adjust your transportation price lists accordingly to the new toll rates. The changes are being implemented in accordance with European Union recommendations and aim to encourage the adoption of low-emission fleets. We invite you to our blog article, where you will find detailed information about the weight classifications, emissions classes, and the toll rates for various truck categories. https://lnkd.in/d3jHrQWg Viabaltic Norge AS - Customs clearance, Freight forwarding Norway-Europe, Transport between Norway and Poland www.viabaltic.no #TransportNorwayPoland #Logistics #Freight #Forwarding #freightforwarding #Customsclearance #Shipping #Spedisjon #Fortolling #Transport #Logistikk #TransportNorgePolen

Another one dispute about the carbon taxes that will be implemented on short-haul carriers in Europe. ETS (Emission Trading System) exempted long-haul carriers from emission taxes on the current stage to protect the European carriers in competition with airlines outside EU. Low-cost carriers, like Ryanair demand the fair rules for all airlines operated in Europe. While the major EU carriers, like LH stated in the recent policy brief that SAF prices with additional taxes from EU regulators will increase the total cost of flying up to EUR220 for two-legs MAD-FRA-PVG, while for non-European carrier TK the same flight will be cost only extra EUR 40.

On May 1, 2024, the air traffic tax in Germany was increased by around 25 percent. In an official statement published yesterday, BARIG criticized the German government and this measure as it continues to slow down air traffic and fails to provide urgently needed support for sustainable aviation fuels. We appeal to the federal politicians to rethink their measures – in the interests of the economy and climate protection. Like other experts, BARIG demands that the revenues from the aviation tax shall be used for the support of the urgently needed SAF ramp-up. #BARIG #Germany #economy #aviation #taxation #Luftverkehrsteuer