The judgement in the judicial review into the Office of the Rail Regulator's decision to allow Grand Central (GC) and Hull Trains (HT) to run open access services on the East Coast Mainline, where services are currently run by GNER. The judgement supported GC/HT's right to run open access services.
This document was published on 27th July 2006 by Royal Courts of Justice.
It was written by The Honorable Mr Justice Sullivan.
The original document format was PDF File, and comprised 31 pages.
This document was kindly sourced from Tom Winsor and is in our Court documents collection. It was added to the Archive on 8th September 2006.
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"In these proceedings the Claimant challenges the Defendant's decision under the Railways Act 1993 (the Act) to grant the two Interested Parties track access rights which will enable them to operate passenger services on the East Coast Main Line (ECML) on which the Claimant operates the passenger services franchise
It was submitted that any discrimination assessment should focus on the "upstream market" for access to the railway infrastructure where the supply was by the infrastructure manager, Network Rail, and where it was contended the position of franchise operators and open access operators was quite different; and not on the "downstream market" for rail passenger services where the supply was by franchise operators and open access operators who were competing for passengers in the same market.
While such an analysis may well be impeccable as a matter of economic theory, and it is in any event no part of the Court's function to substitute its own view on matters of economic judgment (see the London and Continental decision cited above), the question is not whether the ORR's approach to this issue makes good sense in terms of transport economics, but whether it is compliant with the 2005 Regulations.
Unfortunately, since economists and lawyers do not speak the same language neither the Directive nor the 2005 Regulations refer to "upstream" or "downstream" markets "
19th December 2005
Consultation on Capacity Study for East Coast Main Line
20th December 2005
ORR Review of East Coast Access Applications
22nd December 2005
East Coast Main Line - Track Access Application
9th January 2006
East Coast Main Line - Track Access Applications
17th January 2006
Competing applications for access rights on the east coast main line
20th January 2006
Competing applications for access rights on the East Coast Main Line
27th July 2006
Before : The Honourable Mr Justice Sullivan between Great North Eastern Railway Limited and The Office Of Rail Regulation, Hull Trains Company Limited...
Does the franchise model just need technical changes or would a concession system be better?
or just view the results
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