Ex officio investigations
Prices and discounts for intermodal freight terminals
In a ruling dated 14 February 2025 following an ex officio investigation, RailCom found that an owner and operator of federally co-financed intermodal freight terminals, when applying its published discount system, had not granted non-discriminatory access in violation of Art. 6 para. 1 let. b GCarO. RailCom did not order any measures to eliminate the discrimination going forward as the owner and operator of the intermodal freight terminals had cancelled the discount system before the investigation was completed. RailCom, in respect of the principle of proportionality, refrained from imposing an administrative sanction in accordance with Art. 40asexies para. 1 RailA. The owner and operator of the intermodal freight terminal was required to pay the procedural costs. The ruling is legally binding.
In its decision of 10 April 2024, the Federal Administrative Court had previously stated that the owner and operator was legally required to cooperate in establishing the facts of the case and to provide RailCom with the documents necessary for its oversight activities.
Power price system
The infrastructure managers SBB AG, Thurbo, STB, SOB, BLS Netz AG and HBSAG publish their prices for core and additional services in the List of Infrastructure Services for each timetable year. The price of electric current is one element of the train path price. This power price is calculated on the basis of average consumption for each type of train.
In spring 2013, one railway undertaking requested RACO to clarify whether there was discrimination in the application of flat-rate tariffs according to the List of Infrastructure Services, in the particular case of train type 6 “long-distance freight trains”. RACO commissioned an EPFL report on the methods of calculation and the basis for determining power cost according to train type. Based on this report, an investigation was initiated, together with industry representatives, and negotiations conducted. On 9 November 2015 a partial agreement was reached on introducing billing for the actual amounts of power used by the end of 2015, as well as adjustments to the flat-rate tariff in the 2018 List of Infrastructure Services. This partial agreement was approved by decree dated 1 November 2016. Further clarification is still needed.
Agreement dated 9 November 2015 on calculation of power in the train path price (in German)
Interim RACO decree dated 1 February 2016 on division of the investigation procedure (in German)
Line closure
Line closures arise when building or maintenance work is carried out on the infrastructure. In order to maintain a rail service, replacement buses are sometimes used. Line closures lead to extra costs which must be met by the RU. Art. 11b RailNAO and the FOT Guideline “Line closures in accordance with Art. 11b RailNAO” regulate the issue of when an RU must bear these additional costs, and when it is the IM’s responsibility.
2014 saw the substantive interpretation and application of this Article and the ruling of FOT on the differences between an RU and an IM. This led to a request for a RACO investigation. RACO was asked to ascertain the correct application and implementation of Art. 11b RailNAO and the FOT Guideline. In particular, RACO was to clarify what level of cost is considered insignificant and whether this should be borne by the RU or IM.
Train path allocation
In 2013, Swiss Post AG announced an open call to tender for transporting mail. Two railway undertakings tendered to provide this service. Subsequently, both Swiss Post and one of the RUs ordered train paths from Trasse Schweiz AG, leading to train path conflicts. In Switzerland, Trasse Schweiz is responsible for train path allocation, with the collaboration of SBB Infrastructure, and for observing the rules of the RailA, the RailNAO, the FOT Regulation on train path allocation and the tendering procedure, as well as the Network Statements. RACO examined whether the train path allocation procedure had been carried out in conformity with the law and in a non-discriminatory fashion. In its decree dated 22 December 2015, RACO identified several contraventions of the law by Trasse Schweiz, and ordered measures to be taken to avoid such behaviour in future. Trasse Schweiz appealed to the Federal Administrative Court against this decree; the appeal was dismissed in a judgement dated 11 October 2016.
