Termin przedawnienia roszczeń przewoźnika wobec tzw. pasażera na gapę w transporcie kolejowym
Time limitation concerning the validity of carrier’s claims against the so-called “fare dodger” in the case of railway transport

Summary/Abstract: The aim of the study is to establish a period of limitation on the validity of the carrier’s claims against the so-called “fare dodger” in rail transport. The considerations contained in the present study lead to the conclusion that, in principle, the legal relationship between a railway carrier and a passenger who boards a freely accessible train in order to travel without purchasing a ticket should be perceived as a contract of carriage. Only such an interpretation of national law can be reconciled with the interpretation of EU law made by the CJEU in the judgement of 7 November 2019 (C-349/18). It means that, in principle, a traveller without a ticket should be classified as a consumer with all the consequences. In the event of judicial redress procedures against such passengers, the court is obliged to make a juridical assessment of the facts under the provisions on the limitation on the validity of claims and consider the limitation of the claim even without the procedural initiative of the traveller acting as a defendant. Invoking the construction of a non-contractual legal relationship between the railway carrier and the so-called “fare dodger” by creditors – claimants seem to be pointless in the light of the CJEU’s interpretation of EU law and should only be seen as an attempt to circumvent the mandatory provisions on limitation of claims against consumers. The theory of a non-contractual legal relationship between the carrier and a traveller without a ticket seems to be justified in situations where there are features of an offence under Article 121 § 1 of the Code of Petty Offences.

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