THE European Commission (EC) has started EU law infringement proceedings against the Netherlands regarding the violation of European competition rules as a result of granting Netherlands Railways (NS) a preferential position in obtaining train paths for international passenger train services.
The national rules concerning track capacity allocation were introduced in late 2024, shortly before the Netherlands opened the domestic market for passenger rail transport in 2025 based on new European Union railway legislation under the Fourth Railway Package.
The current main line network concession granted by the Dutch government covering the period 2025-2033 gives NS the exclusive right to operate domestic passenger services on the network. However, some of the international services provided by NS in the Netherlands are intertwined with the main rail network concession.
The EC has examined the Dutch capacity allocation regulations and believes that the rules could distort competition in the Dutch market for international passenger rail transport as they give NS a preferential position over potential competing operators if capacity is restricted, which is a breach of European law.
The EC has issued a formal infringement of European law notice to the Dutch government. If the abuse is proven, the Netherlands will be requested to cease it. If the government fails to comply, the EC may bring legal proceedings against the Netherlands before the European Court of Justice. The Netherlands has two months to respond to the infringement notice while the EC continues its investigation.
In the meantime, the EC has brought the Netherlands before the European Court of Justice for infringement of EU legislation regarding the operation of public service obligation services under the direct award of the main line network concession to NS.
