On 18th October 2023, the European Commission (EC) decided to refer Spain to the Court of Justice of the European Union (EU) for failure to properly transpose and apply Directive 2012/34/EU to establish a single European railway area. The EC has criticised several provisions of the Spanish railway law, such as the independence of the management of the infrastructure manager, in particular the setting of infrastructure charges, the management of rail transport operating companies in accordance with business principles, and the correct drafting of contractual agreements. Previously, in May 2018, the EC had sent a letter of formal notice. However, Spain's responses in January 2019 and December 2022 were not considered sufficient.
