Competition fines Adif for changes in the departure of trains from Madrid to Levante

The National Commission of Markets and Competition (CNMC) has imposed two sanctions this Monday for a total amount of 11,800 euros to Adif High Speedd (Adif AV) following a complaint from Ouigo regarding the change in the departure of trains to Levante from Atocha to Chamartín, both stations in Madrid. Sources from the public operator have assured EP that the resolution that gives rise to these fines has been appealed and is pending resolution.

The fine arises from a First complaint filed by the Association of Private Railway Companies in relation to Adif’s compliance with transparency obligations regarding temporary capacity restrictions, which occurs for example when there are works. This complaint led to the publication of a resolution establishing the Adif’s obligation to communicate to operators at least four months in advance of any temporary capacity restrictions on the roads.

Subsequently, given the Transfer of the departure station for trains to Levante from Atocha to Chamartín –due to the former’s reduced capacity to handle the increase in traffic from the new operators–, Ouigo filed a complaint because Renfe maintained certain daily services from Atocha, thus denouncing a “competitive advantage” for the public operator. Competition decided to file this complaint from Ouigoalthough it opened a sanctioning procedure to analyze whether Adif had breached the new resolutions published regarding temporary capacity restrictions. Finally, on January 29, 2024, the CNMC declared a first sanction of 6,300 euros for breaching article four of that resolution and another 5,500 euros for the fifth, totaling 11,800 euros.

Without the necessary anticipation

Among the proven facts that justify the imposition of this fine is that Adif AV “did not simultaneously provide the three railway operators information on the final date of the transfer of the head of the Renfe Viajeros services corresponding to the Madrid-Valencia relationship”. The CNMC also argues that Adif AV rescheduled the capacity awarded to Renfe Viajeros to provide services on the Madrid-Valencia line for the period between December 11, 2022 and January 22, 2023, with only two months’ notice prior to the start of services.