NS challenges Arriva’s night train between Zwolle and Amsterdam

Dutch Railways (NS) has filed an objection against the planned night train service between Zwolle and Amsterdam, operated by its competitor Arriva. Despite the legal challenge, the service is scheduled to launch in March.

The dispute over the night train has been ongoing for months. Initially, NS was set to operate the route with an annual subsidy of 93,000 euros. However, after Arriva expressed interest, NS withdrew, assuming Arriva would run the service without financial support, as had been standard practice.

Arriva contested that assumption, arguing that it expected to receive funding, just as NS would have. Last month, the municipalities of Almere and Lelystad reached an agreement with Arriva. The train will run from Zwolle, stopping in Lelystad, Almere, Amsterdam Centraal, and Schiphol before returning. The service will operate on Friday and Saturday nights starting March 15.

The municipalities and Arriva are implementing a novel funding mechanism, in which each municipality contributes 100,000 euros per year. However, the cost to local governments decreases as passenger numbers rise. If at least 50 Almere residents use each train, the city's contribution drops below 50,000 euros.

“This is legally uncharted territory,” said Almere alderman Micha Mos. “But in Almere, we often pioneer new initiatives.”

NS has now formally objected to the arrangement, a spokesperson confirmed to de Volkskrant. The railway company argues that the legal basis of the funding model is uncertain. “We believe this should be tested in court,” the spokesperson stated.

NS insists it supports the night train’s introduction and sees it as a positive development for travelers. However, it questions whether Arriva’s funding structure is lawful. Despite its legal challenge, NS has pledged not to block the service through an emergency court order. “We have no intention of stopping the train from running next month, but we want clarity on whether this is allowed,” the spokesperson said.

The dispute is part of a broader conflict between NS and Arriva. Though NS is technically privatized, it enjoys preferential treatment from the Dutch government, including exclusive rights to operate most major routes. The European Commission has repeatedly criticized this monopoly, and competing railway companies continue to challenge it in court.