Case C-210/18: Request for a preliminary ruling from the Schienen-Control Kommission (Austria) lodged on 23 March 2018 — WESTbahn Management GmbH v ÖBB-Infrastruktur AG
C2312018EN1020120180323EN0012102112
Request for a preliminary ruling from the Schienen-Control Kommission (Austria) lodged on 23 March 2018 — WESTbahn Management GmbH v ÖBB-Infrastruktur AG
(Case C-210/18)2018/C 231/12Language of the case: German
Referring court
Schienen-Control Kommission
Parties to the main proceedings
Applicant: WESTbahn Management GmbH
Defendant: ÖBB-Infrastruktur AG
Questions referred
1.
Is Paragraph 2(a) of Annex II to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, ( 1 ) to be interpreted as meaning that the notion of ‘passenger stations, their buildings and other facilities’ referred to therein covers the railway infrastructure ‘passenger … platforms’ listed in the second indent of Annex I to that directive?
2.
If Question 1 is answered in the negative:
Is Paragraph 1(c) of Annex II to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, to be interpreted as including the use of passenger platforms provided for in the second indent of Annex I to that directive within the notion of ‘use of the railway infrastructure’ referred to therein?
( 1 ) OJ 2012 L 343, p. 32.
Full & Egal Universal Law Academy