Udostępnianie stacji pasażerskiej przewoźnikowi na gruncie ustawy o transporcie kolejowym
Provision of apassenger station to acarrier under the Railway Transport Act

Summary/Abstract: The subject of the analysis is the provisions of the Railway Transport Act concerning the use ofpassenger stations by railway undertakings and the making available of passenger stations to car-riers by their operators. These provisions have given rise to doubts, in particular about determin-ing which areas of passenger stations remain available to the carrier under rules appropriate toa service facility and whether the mere fact that the carrier’s trains stop at a given station obligesthe carrier to conclude a contract with the station operator for access to the facility. In addition,the nature of the amendment made to the Act in this regard came into force on April 17, 2020,which has been divergently assessed in the case law as either a normative change or merely a clar-ification. The analysis furthermore touches upon the issue of the facility access agreement, which,according to the provisions of the Act, should be concluded between the operator and the carrier,and the possible grounds for the operator to demand fees for access to the facility in a situationwhere such an agreement has not been concluded.

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