The railway companies are required to provide real-time information about the most important connections. This duty extends to all major connections, i.e. both the relevant railway company and the other companies.The ÖBB-Infrastruktur AG is the operator of the rail infrastructure in Austria, and of the majority of the Austrian railway network, including the Vienna – Salzburg. It features real-time data for all trains operating on the rail network operated by it.
This data is sent to the various railway companies for their own trains. Western Railway ÖBB infrastructure management requested to provide their real-time data to the trains from other railway companies available to inform passengers about their future, the actual departure times of the trains and to ensure the connection. ÖBB infrastructure refused access to this information because they generally pass on only the relevant railway undertakings identifiable information.
She recommended Westbahn management to conclude agreements with other railway companies to explain where these agree to the disclosure of their data. Western Railway between management and the rest of the Railway Company, but agreement was not reached. Western Railway management took the view that the failure to disclose this information contrary to the Unionsrecht1, and submitted a complaint to the Rail Control Commission, which is responsible for deciding on disputes relating to the rail markets.
The Rail Control Commission is seeking information with their complaint to the European Court of Justice Questions.
The information about the most important connections in addition to the scheduled departure time must also include the announcement of delays or failures of the connecting trains. Second, it asks the Court of the European Union, if the infrastructure manager is required, be provide data of trains from other railway companies, especially if any such trains is the most important connections.In the Court of the European Union need to be, protect the interests of passengers and the general objectives of the European Union law.
The information that is given to the passengers should be of benefit.