European Court of Justice to rule on NS monopoly on Dutch railways
The European Court of Justice will rule on the legality of Nederlandse Spoorwegen’s (NS) monopoly on Dutch railways following years of legal challenges from rival transport companies. A decision could take months, but NS trains will continue to operate as usual in the meantime, de Volkskrant reports.
The case was brought forward after repeated demands by competitors such as Arriva and Qbuzz, who have long contested NS’s exclusive rights to operate the majority of rail routes in the Netherlands. Arriva called the referral to the European Court "a positive step."
NS currently holds exclusive rights to operate nearly all major rail connections in the Netherlands until 2033. This includes key routes such as Amsterdam to Eindhoven and Nijmegen to Utrecht. While the arrangement does not directly affect passengers, it has caused ongoing frustration for competing railway operators seeking access to the network.
Since 2020, NS competitors have filed three separate lawsuits against the Dutch government, claiming that the monopoly violates European regulations. Despite rulings in 2020, 2022, and 2023 that failed to overturn the monopoly, Dutch judges have acknowledged that its legality under European law remains unclear.
To resolve this uncertainty, the College van Beroep voor het bedrijfsleven (CBb), the Netherlands’ highest administrative court for economic affairs, has agreed for the first time to seek clarification from the European Court of Justice. A spokesperson for the CBb confirmed, “A preliminary ruling will soon be issued, with formal questions submitted to the European Court.”
NS has historically opposed involving the European Court, arguing that the monopoly aligns with national and European legal frameworks. However, the company recently shifted its stance. An NS spokesperson stated that the company is now "glad that clarity will be provided."
The European Court’s ruling, expected to take several months, will determine whether NS’s monopoly is consistent with European law. Even if the court rules against NS, existing contracts include provisions for a "crisis concession," allowing the company to continue operating trains temporarily while the Ministry of Infrastructure and Water Management conducts a new bidding process.
In the meantime, NS competitors are exploring other ways to challenge the monopoly. Some companies have identified legal loopholes that allow them to operate limited services within NS-controlled areas.
For example, Arriva previously secured the right to run local trains from Zwolle to Leeuwarden and Groningen, but the company recently suspended those plans. Arriva cited insufficient capacity to operate these routes profitably and announced that the service would be postponed indefinitely.
