EU challenges Dutch rail rules over fears of unfair advantage for NS

The European Commission has warned the Netherlands that its rules for allocating capacity on the country’s main railway network may breach EU competition law by favouring state-owned rail operator NS over rival companies.

In a Letter of Formal Notice sent to the Dutch authorities, the Commission expressed preliminary concerns that the current system gives NS priority access to scarce train paths on the Dutch rail network, potentially distorting competition in the market for international passenger rail services.

The Netherlands opened its domestic rail passenger market to competition in 2025, allowing operators to compete on the country’s main rail corridors. However, rules adopted before market liberalisation came into force grant priority to NS, which holds the main rail concession for the 2025–2033 period, whenever network capacity is insufficient to accommodate all requests.

According to the Commission, these arrangements may place competing operators at a disadvantage when seeking access to the Dutch rail network, enabling NS to maintain or strengthen its dominant market position.

NS is the Netherlands’ largest passenger rail operator. Through its subsidiary NS International, it operates cross-border services in cooperation with several European rail companies, including SNCB, DB, ÖBB, SBB and Eurostar, serving destinations in Belgium, Germany, France, Austria, Switzerland and the United Kingdom.

The Commission’s investigation is based on Article 106 of the Treaty on the Functioning of the European Union, which prohibits Member States from maintaining measures that conflict with EU competition rules, including the abuse of a dominant position under Article 102.

The Dutch authorities now have two months to respond to the Commission’s concerns. The formal notice does not prejudge the outcome of the investigation, and the Commission may ultimately require the Netherlands to amend its rules if an infringement is confirmed.