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A landmark decision was reached in July this year, one which was widely trailed by the British and European railway industries. Had GNER’s judicial review in Great North Eastern Railway (GNER) v Office of Rail Regulation and others [27 July, 2006] been successful, it would have affected all train operators in the UK, both passenger and freight, and would have required retrospectively revising the charging regime they have followed since April 2001. The case is the first reported in the UK and, among the first in Europe, on Directive 2001/14/ EC. The analysis of the application of the Directive to the UK charging framework will be widely read across Europe.

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