Keywords
granting access to the railway infrastructure, President of the Office of Rail Transportation, railway infrastructure management unit, carrier, powers of market regulating authority, freedom of contract, railway market
Abstract
The goal of this article is to demonstrate, from the infrastructure manager’s perspective, the influence that the Polish railway regulator has on the business relations between the infrastructure manager and railway undertakings with respect to granting access to railway infrastructure. The ORT President currently follows the concept of ‘wide interference’ into the contractual relationships of these parties – the regulator believes to be entitled to arbitrary shape the provisions of decisions replacing a railway infrastructure access contract. By contrast, the PKP PLK states that the market regulator has limited powers only in this matter and should refrain from exercising an excessive influence on the obligations of the parties. The main aim of this paper is to present a theoretical and practical overview of the problem, and to prove that only the ‘narrow interference’ concept is legally justified.
Recommended Citation
Dopierała, F. (2013). Competences of the railway regulator and the freedom of contract between the infrastructure manager and railway operators. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(4), 54-72. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss4/5
First Page
54
Last Page
72
Page Count
18
Publisher
University of Warsaw
