The Commission has sent a formal letter of formal notice to the Netherlands regarding this. According to Brussels, the current rules suggest that the allocation of rail capacity may be in violation of European competition rules. The Netherlands has two months to respond to the objections.
Heavily trafficked
The issue revolves around the available space on the heavily trafficked Dutch railway. When multiple carriers want to use the same routes and capacity is insufficient, choices must be made. According to the European Commission, the Dutch Railways are given priority over other rail companies.
International
According to Brussels, this is especially important for international train connections. New providers can only compete if they receive enough rail routes to offer attractive and regular services. Without that space, it becomes difficult to build a serious alternative to existing connections.
Promotion
Although the Dutch railway market has been officially open to competition since 2025, this does not automatically mean that new carriers actually get equal opportunities, according to the Commission. Access to rail capacity is a decisive condition in this regard.
State ownership
NS is fully owned by the Dutch state. Subsidiary NS Reizigers operates transport on the main rail network under a concession running from 2025 to 2033. NS International also maintains international connections together with other European railway companies to countries including Belgium, Germany, France, Austria, the United Kingdom, and Switzerland.
Competition
According to the European Commission, the Dutch rules may lead to NS maintaining or further strengthening its strong position. The case therefore focuses not only on the position of the rail company itself but also on whether the Dutch government has introduced rules that hinder fair competition.
The formal letter does not yet mean that the Netherlands has violated European rules. It is a preliminary assessment, to which Dutch authorities can first respond. Afterwards, the Commission will decide if further steps are necessary. How long the investigation will ultimately last is not yet known.