TY - JOUR
TI - Provision of a passenger station to a carrier under the Railway Transport Act
AU - Matejko, Witold
TI - Provision of a passenger station to a carrier under the Railway Transport Act
AB - The subject of the analysis is the provisions of the Railway Transport Act concerning the use of passenger stations by railway undertakings and the making available of passenger stations to carriers by their operators. These provisions have given rise to doubts, in particular about determining which areas of passenger stations remain available to the carrier under rules appropriate to a service facility and whether the mere fact that the carrier’s trains stop at a given station obliges the 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 clarification. 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 situation where such an agreement has not been concluded.
VL - 2024
IS - 2 (39)
PY - 2024
SN - 2392-1943
C1 - 2720-3670
SP - 93
EP - 109
DO - 10.4467/23921943RP.24.019.20173
UR - https://ejournals.eu/en/journal/radca-prawny/article/udostepnianie-stacji-pasazerskiej-przewoznikowi-na-gruncie-ustawy-o-transporcie-kolejowym
KW - rail transport
KW - platforms
KW - passenger station
KW - service facility
KW - railway infrastructure
KW - access to passenger station
KW - facility agreement