In 2016, the Railways Arbitration Commission (RACO) carried out several wide-ranging investigations.

In the train path allocation case concerning PostMail trains, RACO determined that Trasse Schweiz had not performed the train path allocation process for mail transport in conformity with the law, and decreed measures to be taken for the future. Trasse Schweiz appealed against this, but was turned down by the Federal Administrative Court, whose ruling confirmed RACO’s competence and decision-making powers as part of proactive market surveillance.

RACO examined the flat-rate tariff for energy for long-distance freight trains in the list of services, leading to an important development. It approved a partial agreement between infrastructure managers (IMs) and railway undertakings (RUs), putting the following measures in place: Effective from 2017, the IMs are reducing the flat-rate energy tariff for train category 6, “Long-distance freight trains”, by from 22.6 kWh to 16.8 kWh. From 2016, an RU pays only for the actual amount of power used, measured at catenary.

Since 1 July 2016, RACO’s powers have extended beyond the rail infrastructure to private terminals for combined transport and sidings that are co-funded by the Swiss Confederation. Operators must also ensure non-discriminatory access to their facilities. The Commission monitors adherence to these requirements for transparency, fairness and equality of treatment.

RACO Activity Report 2016