Because the Netherlands has awarded domestic train traffic to Dutch Railways NS, the European Commission is going to the European Court of Justice. Such a direct allocation is contrary to the European rule that requires several transport companies to be able to apply for the main domestic train traffic. The court may decide to fine the Netherlands.
The Netherlands has awarded passenger transport for the period 2025-2033 directly to NS, rather than issuing a public tender. However, this is mandatory.
The concession was privately awarded
Regional transporters, such as Arriva, Keolis, and Qbuzz, had complained about this in Brussels because the measure prevents them from operating their trains between key destinations.
Resigning State Secretary for Public Transport Thierry Aartsen finds it “unfortunate” that the European Commission has taken this step. According to him, privately awarding the concession to NS was in the interest of the passenger. “We still stand by our story,” he confirmed through a spokesperson. The State Secretary hopes that the European Court “will be able to provide clarity in this infringement case.”
Nobody surprised
Regional rail operators had already expected the European lawsuit over the allocation of rail to NS. “We find this step by the European Commission logical and not at all unexpected,” responded Arriva director Anne Hettinga, also chairman of the Dutch Federation of Mobility Companies (FMN).
NS is also “not surprised”, given all the fuss about the allocation. A spokesperson calls the move “disappointing, though,” because NS supports the Dutch government’s “view that everything went according to the rules.”
Risks involved?
According to some experts, abolishing monopolies does not necessarily result in cheaper tickets or improved services. In large countries, this approach can be effective, but for small countries like Belgium and the Netherlands, it becomes more complex.
“The Dutch railroad is full, and the more carriers want to operate there, the more difficult it becomes,” states Wijnand Veeneman, professor at TU Delft, in the Dutch newspaper De Volkskrant. He predicts “great risks” if the courts soon rule out that the railroads must be opened directly to other companies.
