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cepPolicyBrief
Transport
4th Railway Package: Single European Railway Area (Directive)
cepPolicyBrief
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The fact that a Member State may refuse to allow a foreign VIU access to its home market runs counter to the objective of the Directive of realising the Single European Railway Area. The provision whereby a Member State may refuse market access where there is a possibility of market distortions in its home market, even if a railway company has complied with all the requirements laid down in the Directive, is in breach of the requirement of clarity and the principle of legal certainty.