The European Commission (“Commission”) has raised competition concerns regarding the capacity allocation rules applicable to the Dutch main railway network. The concerns relate to the opening of the Dutch domestic rail passenger market to competition in 2025, which allowed railway operators to provide services on the main lines of the Dutch railway network in competition with Nederlandse Spoorwegen (“NS”), the incumbent operator.
NS is the largest passenger transport operator in the Netherlands and is wholly owned by the Dutch State. Its subsidiary, NS Reizigers, provides public transport services on the main Dutch railway lines under a concession agreement covering the 2025-2033 period.
The capacity allocation rules were adopted before the Dutch domestic rail passenger market was opened to competition and have been in force since 2024. Under these rules, NS is granted priority where the capacity of the Dutch railway network is not sufficient to meet all train path requests. The Commission’s concerns focus on whether this priority mechanism may disadvantage competing railway operators in accessing the Dutch railway network.
In its Letter of Formal Notice addressed to the Netherlands, the Commission stated that the capacity allocation rules are capable of distorting competition in the Dutch market for international rail passenger services. In particular, the Commission considers that these rules may create an inequality of opportunity between NS and competing operators regarding access to capacity on the Dutch railway network, thereby enabling NS to maintain or strengthen its dominant position.
(Commission – 29.06.2026)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]