Lithuanian Railways appeal Article 102 market dominance decision

On 12 February 2018, the European Commission published a summary of an appeal brought by Lietuvos gelezinkeliai (Lithuanian Railways) against the Commission’s fine imposed on Lithuanian Railways for its abuse of a dominant position in breach of Article 102 of the Treaty of the Functioning of the European Union (TFEU) in relation to the dismantling of railway track between Latvia and Lithuania.

In its appeal, Lithuanian Railways claims that

  1. the Commission applied the incorrect legal test in evaluating the alleged abuse;
  2. that the activity did not constitute an infringement;
  3. that there was insufficient evidence of an abuse; and,
  4. that the fine imposed was disproportionate and incorrectly calculated.

Lithuanian Railways is seeking an order from the General Court annulling the Commission’s Decision, reducing the fines imposed, and ensuring that the Commission pays the cost of the proceedings.

Image (c) European Commission