ProRail insufficiently involved smaller rail firms in bridge closure

In April 2016, Dutch rail infrastructure manager ProRail treated RFF, Locon and LTE, three smaller railway undertakings, unfairly when the Moerdijk bridge had to be closed on short notice. This is the conclusion of an investigation carried out by the Netherlands Authority for Consumers and Markets (ACM).

ProRail involved major railway undertakings such as NS Reizigers and DB Cargo much better and much sooner in its decision-making process regarding the closure of the Moerdijk bridge. For example, these larger railway undertakings had a head start on smaller competitors to look for alternatives. The Moerdijk bridge had to be closed for rail traffic from April 13 through April 15, 2016 after several rail defects had been found.

ACM’s investigation

At the request of RailGood, ACM carried out an investigation into the whole process of closing the Moerdijk bridge. RailGood is an interest group representing rail freight undertakings RFF, Locon and LTE. In its investigation, ACM found that ProRail had insufficiently coordinated with these three undertakings. However, in situations like these, such coordination should have been ensured more properly.

What is next?

ProRail has already indicated that market participants from now on will be involved in the decision-making process regarding such decisions. Market participants can use ACM’s decision in any damage claims.