Renfe will have to open its workshops to Iryo. At least for now. This is what the National Court has decided, rejecting the very precautionary measures requested by Renfe with which it intended to close the Italian company’s access to its space. Of course, the judicial procedure continues, so it is not at all clear what will end up happening in the medium term.
No. This is what the National Court has determined. It does not accept the very precautionary measures requested by Renfe to prevent Iryo from using its facilities to carry out its own heavy maintenance activities at its facilities, they point out in The Economist.
The National Court sides with the CNMC, at least for now, in the battle that Renfe maintains against Iryo and the regulators. However, the procedure continues and Justice will have to confirm whether, in the future, Renfe must keep its facilities open to rivals.
The CNMC. This first decision of the court reaffirms the position of the CNMC, which claims to be allowing all the protagonists of this film to operate under equal conditions. Cani Fernández, president of the CNMC, defended the position of the regulators, arguing that “the CNMC has to guarantee access to the market under equal conditions,” in words reported by He Northern Castile.
Since the conflict beganthe CNMC has sided with Iryo and demands that Renfe open its workshops so that the Italian company can carry out maintenance work on its trains. They point out that if Iryo has to send its trains to Italy, it would lose them for weeks and put it at a disadvantage in the market. The other alternative, that scheduled maintenance is not carried out, is not logically viable either.
What Renfe says. For its part, Renfe believes that give access to Iryo to carry out the activities that have already been advanced to them has no place within the competitive framework that the Spanish company and the rest of its rivals had given themselves. Renfe does not avoid its obligation to have to lend its facilities to Iryo and Ouigo but remember that this is only the case for light maintenance tasks.
However, they allege, Iryo has requested to be able to carry out its own heavy maintenance activities. This, according to Renfe, would have direct consequences on its offer because its facilities are already working at full capacity. The company assures that if it gives entry to the Italian company will suffer the following consequences:
- Remove 1.2 million seats from its offer due to not being able to maintain its own trains
- Of those seats, one million would correspond to the offer offered as a public service
- Loss of 60 million euros in income
What Iryo says. In its allegations, Renfe points out that Iryo’s activities would occupy 10% of the La Sagra facilities, where its Comprehensive Maintenance Base is located. Iryo reduces this figure to 7% and points out that it would not be too much of a problem since they are activities that can be scheduled based on the mileage of the trains.
They emphasize that if Renfe does not give them access to their workshops they will have to take them to Rome and that this implies leaving them out of circulation for up to two months, a situation that they consider unfair. The company has not made any comment on the possibility of setting up its own workshops in Spain, just as promised upon arrival.
They complain. The latter does not convince Renfe that she feels aggrieved in this fight. Back in the day, he discovered that Ouigo was carrying out heavy unscheduled maintenance work in his workshops. Now they believe that giving Iryo access to act in the same way is not fair because it is not specified or by the Directive 2012/34/EU (RECAST) on the single railway space nor the standard EN 15380-4:2021 Spanish.
Faced with the first decision of the CNMC, Renfe responded by closing the door and putting forward its reasons but the organization stood firmand. The next thing was to appeal the decision to the National Court requesting very precautionary measures but these, as we say, have been rejected.
At the moment, Justice forces the workshops to open but the procedure continues to decide whether, in the medium term, Renfe, Iryo and Ouigo must maintain this same balancing act or if the Spanish company can close the door on them.
Photo | Renfe and Iryo
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