cepPolicyBrief
Transport
4th Railway Package: Single European Railway Area (Directive)
cepPolicyBrief
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.