Otwarcie krajowych rynków kolejowych przewozów pasażerskich a usługi publiczne
The opening of domestic passenger rail markets and public services

Summary/Abstract: In 2016, the fourth railway package has finally been adopted. The fourth railway package completes the process of the gradual opening of the rail passenger market in the EU. It establishes the general right for railway undertakings established in one member state to operate all types of passenger services everywhere within the EU. Thus, the package introduces open access to railway infrastructure for domestic passenger services (competition in the market). Does it really mean that open access competition will develop? However, services provided under public services obligation (as defined, entrusted and financed by national authorities) might be an important barrier to entry in the rail passenger market for open access operators. This article will examine the new EU legislation regarding the opening of the domestic passenger rail market through the prism of the absence of a precise EU definition of what constitutes a public service in railway transport.

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