The referral of Greece to the Court of Justice of the European Union was decided two weeks ago by the European Commission for the issue of railway infrastructure in the country.

The referral concerns the nearly eight-year delay in signing and publishing the contract between the national authorities and the company managing the rail infrastructure.

As the Commission’s statement on February 15 stated, the decision was taken because Greece “did not fulfill its obligations under the directive on the creation of a single European railway area (2012/34/EU)”. Specifically, as stated in the announcement, “the directive clarifies that member states had to ensure the conclusion of a contractual agreement between the national competent authority and the railway infrastructure manager no later than 16 June 2015 and its publication within one month”.

The conclusion and publication of the contractual agreement is characterized by the Commission as “particularly important for the transparency” of the projects in the railway network. “This agreement should contain substantive provisions, such as regarding the amount of funds available for infrastructure services, as well as user-oriented performance targets (for example, line speed, customer satisfaction or environmental protection).”

It is further noted that “despite the exchange of letters between the Commission and Greece, the national authorities have still not signed and published the contractual agreement” with OSE. The Commission had initiated infringement proceedings against Greece on the matter in December 2020 and sent a reasoned opinion in December 2021.

Setting the context for the decision to refer Greece, the Commission adds: “The obligation to conclude and publish contractual agreements between national competent authorities and railway infrastructure managers is an important element of the directive on the single European railway area. These agreements include the rights and obligations of the Member State and the infrastructure manager or managers.’ They cover “all aspects of infrastructure management, the financial obligations of the Member State, the efficiency requirements for the infrastructure manager, the reporting obligations and the rules for dealing with emergency situations and serious disruptions in operations”.

They also include “remedial measures to be taken in the event that one of the parties breaches its contractual obligations or, in exceptional circumstances, in the event that the availability of public funding is affected. The agreements include a five-year financial framework for the construction, upgrading and maintenance of rail infrastructure, which makes public funding predictable.”