The fact that a Member State may refuse to allow a foreign VIU access to its home market runs counter to the objective of the Directive of realising the Single European Railway Area. The provision whereby [...] whereby a Member State may refuse market access where there is a possibility of market distortions in its home market, even if a railway company has complied with all the requirements laid down in the Directive
provides for the imposition of sanctions, can also be initiated in case the regarding Member State refuses to cooperate with the EU Commission.
continue to be questionable. Moreover, binding rules are needed for the right of undertakings to refuse to provide self-incriminating information and for the legal professional privilege (“LPP“) protecting