EU sues Netherlands over NS contract as ProRail warns of growing rail disruptions

The European Commission is taking the Netherlands to the European Court of Justice over its decision to award domestic rail services directly to state-owned rail operator NS without a public tender, a move the Commission says violates EU law.

The lawsuit is the latest step in a formal infringement procedure launched after the Dutch government bypassed a competitive bidding process—something explicitly prohibited under the EU’s Fourth Railway Package, which took effect in December 2023. That package requires member states to open core domestic rail services to competition unless strict exemptions apply.

If the court agrees with the Commission, the Netherlands could face financial penalties, including daily fines and lump-sum sanctions.

Under the disputed contract, NS was granted exclusive rights to operate most domestic passenger rail services from 2025 to 2033. The deal covers the vast majority of the Dutch rail network. Regional rail companies, including Arriva, Keolis, and Qbuzz, filed formal complaints in Brussels, arguing they were unfairly locked out of the market.

The Dutch government awarded the concession in December 2023—the same month the new EU rules banning such direct awards came into force. The Commission ordered the Netherlands to amend the agreement but said the changes made were insufficient to comply with EU law.