ABSTRACT
For decades, rail has struggled to become a competitive sector that is able to compete with other transport modes, such as road and air transport. Passengers’ protection was in this respect halted until some basic competition rules were adopted and enforced. This chapter briefly looks at the process of establishing competition on the single railway market, followed by examination of the EU regulatory framework protecting EU rail passengers. Additionally, decisions of the Court in this area are discussed. In contrast to air transport, they are considerably rare and concern issues related to delay and fare without a ticket. Finally, the proposed recast of EU rail passengers’ rights legislation is analysed with aspects of the on-going debate within the two EU legislators, with the Parliament generally supporting consumers and the Council being concerned about the potential financial burden placed on rail operators. It is argued that the level of the rail passengers’ protection is closely linked to the level of competition among rail passenger service providers. A gradual increase of competition on the market, supported by new digital tools, should also increase the rights of rail passengers. Nevertheless, the legislative process on the recast will show how much the EU can currently achieve in this field.
