Rail transport: Commission refers Germany to the Court of Justice of the EU for failing to fulfil its duty of sincere cooperation

Today, the European Commission decided to refer Germany to the Court of Justice of the EU owing to the conduct adopted by the German authorities at the 25th session of the Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) held in Bern, Switzerland, on 25-26 June 2014.

Germany voted against two of the proposed amendments to the Convention concerning International Carriage by Rail (COTIF), contrary to the European Union's position as established by way of Council Decision 2014/699/EU, and it openly distanced itself from the vote that had been cast in accordance with that decision. In one of the two cases, where that decision provided for the exercise of the voting right by the Union itself and where the Union had voted accordingly, Germany openly contested this exercise of the voting right by the Union.

By adopting such conduct, Germany failed to fulfil its obligations under this Council Decision as well as under Article 4(3) of the Treaty on EU, which establishes the principle of sincere cooperation. In so doing, Germany weakened the Union's position in its discussions with its international partners.

Background

The Intergovernmental Organisation for International Carriage by Rail (OTIF) is an intergovernmental organisation that develops uniform systems of law relating to international rail transport. It has over 50 members in Europe, Asia and North Africa.

The EU is a full member of OTIF, as are most of its Member States. According to the Accession Agreement, the EU can exercise voting rights for the purposes of OTIF decisions in areas for which it is competent.

Detailed EU-internal arrangements are set out in Council Decision 2013/103/EU of 16 June 2011, in particular Annex III thereof.

For more information:

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  On infringements in the area of EU mobility and transport.

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  On the key decisions of the June infringements package, please refer to the full MEMO/16/2097.

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  On the general infringement procedure, see MEMO/12/12.

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  Information on the infringement procedures.

IP/16/2104