Wybrane aspekty dostępu do infrastruktury kolejowej i sądowej kontroli rozstrzygnięć w tych sprawach
Selected aspects of the access to railway infrastructure and judicial review of decisions considering the issue

Summary/Abstract: Under the Railway Transport Act, the President of UTK may issue decisions regulating access to railway infrastructure. This solution is an element of protecting business entities against monopolistic practices and develops competition in the rail transport market. Building access is related to the doctrine of necessary facilities and was initiated in American law. The study aims to present legal solutions related to access to railway infrastructure and the possibility of judicial review of decisions in these matters. The analysis of the provisions of EU law, Polish law, and decisions issued by the Office of Rail Transport shows that despite the adoption in Polish law of solutions resulting from subsequent liberalization packages of the railway sector, these provisions only partially fulfill their role.

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