Sandwiches and a cup of coffee on the train, reserved seats, cheaper standing room, dozens of night trains: it’s the inviting sight Arthur Kamminga sketched out in court in The Hague on Tuesday. But that will only happen if the Dutch rail market opens up to other parties, warns the representative of AllRail, which represents European transport companies such as Flixbus. And at the moment this is not the case. ‘The Dutch traveler now has absolutely nothing to choose from. He is condemned to the NS or to the machine ».
More and more transport companies are complaining about the position of the Dutch Railways (NS). Although the railway company has become independent – and therefore no different on paper from other companies – NS still enjoys preferential treatment from the government.
This is most visible when the railway concession is granted, the permit to drive most of the track. This is consistently assigned privately to the NS. As for the toilet, the next concession will also go to the railways. As a result, the NS will again be protected from competition until 2034.
‘level playing field’
This must stop, according to competing transport companies, which have filed summary proceedings against the state. These include Arriva, Transdev (Connexxion), Keolis, Qbuzz and EBS – united in the Federation of Mobility Companies in the Netherlands (FMN). AllRail has also joined the cause on behalf of its members. They argue that the government shouldn’t award the concession privately.
Companies have received support from an unexpected quarter: even the European Commission is concernedserious doubts about the legalityof the prize. He demands that the government involve other companies in the tender in the form of a so-called market survey, in which each carrier can offer its services.
As the cabinet continues to refuse, the parties involved will meet in court on Tuesday morning. There it seems that the government and the NS are diametrically opposed to the transport companies. The companies ask the government to open the market and invoke European legislation and the opinion of the European Commission. Also, the competition makes a better product for the train passenger, it seems.
More rail carriers must not be a soft spot for NS, the lawyer emphasizes on behalf of FMN. Diederik Schrijvershof: ‘NS now has the best credentials and a huge head start. If they make a good offer afterwards, they can continue to run many lines. We just want a level playing field.’
“Billion Dollar Investment”
The state attorney, representing the cabinet, in turn argues that an open market is disastrous for the quality of the rail network. ‘The ministry now influences the frequency of the number of trains, transfer time and sitting time. In an open market there is no control mechanism that guarantees this quality.’ He also calls it an “absurd claim” that the NS’ competitors have sufficient “power and equipment” to serve Dutch travellers. After all, this requires a “billion dollar investment”.
This much to the dismay of the lawyer FMN, who lowers his head on the table. ‘We were initially excluded because, as a European transport company, we had to take over the Dutch market. And now they say our pockets aren’t deep enough. I live in some kind of joke. The Netherlands is a Gallic village, while sixteen European countries already have an open market».
What if there was now a great deal of interest in driving on the Dutch railways, the judge asks the national lawyer. Will the state do something about it? “No, the state has nothing to do with it”, is the answer. FMN’s lawyer throws his hands in the air, as a sign of helplessness. “We are at the mercy of the gods.” Then he turns to the court: «The signals are red and yet the ministry wants the Ns to continue running at all costs. This monopoly must end immediately and for this I need you.’
The verdict will follow in two weeks.
