When issuing the decision, the President of the Office of Rail Transport stated that the infrastructure manager, while establishing the cost base for calculating the unit rates of the basic and shunting fee and the planned operational performance for calculating the unit rates of the basic and shunting fee, breached para. 21.13 and para. 21.15 of the Regulation of 7 April 2017 on allocation of rail infrastructure by incorrectly adopting source data for estimating the cost base, as well as incorrectly selecting operational data.
Pursuant to Article 33 para. 15 of the Railway Transport Act 2003, the President the Office of Rail Transport approves the infrastructure manager's draft price list in the part concerning the method of calculating the unit rate of the basic and the shunting fee, or refuses to approve it if it is found to be inconsistent with the regulations in force.
The decision was published in the Official Journal of the President of the Office of Rail Transport.
Railway Transport Act 2003 (consolidated text: Journal of Laws of 2021, item 1984, as amended)
Regulation of the Minister of Infrastructure and Construction of 7 April 2017 on allocation of rail infrastructure (Journal of Laws, item 755, as amended)