1. Business advantages of the
international railway law
for railway undertakings on
the Arabian peninsula
5th Annual Middle East Rail Opportunities, 5-6 May 2014
Cesare Brand, Secretary General, CIT
Ref. H0a2

2. The CIT
 200 railway undertakings
and maritime companies
 Association under Swiss
law located in Bern
2
Tasks:
1. Practical implementation of COTIF and EC law (transport law)
2. Standardisation of contractual relationships between carriers and
carrier-customers in passenger and freight transport
3. Representation of members’ interests towards authorities and
other associations

3. New international railway traffic (freight and
passenger)
Technical, operational and legal interoperability
3

4. Why is legal interoperability important for the
business?
4
Country A
Transport contract
 LiabiIity
Transport documents /
consignment note
Tickets
Claims
Country B
Transport contract
 Liability
Transport documents /
consignment note
Tickets
Claims
A One legal regime B
- 10% administrative costs
Legal certainty, less legal costs

5. 5
COTIF 1999
Uniform Rules
concerning the
Contract
for International
Carriage of
Passengers by
Rail
Uniform
Rules
concerning
the
Contract for
International
Carriage of
Freight by
Rail
Regulations
concerning the
International
Carriage of
Dangerous
Goods by Rail
Uniform Rules
concerning the
Contracts of
Use of Vehicles
in
International
Rail
Traffic
Uniform Rules
concerning the
Contract of Use
Of Infrastructure
In International
Rail Traffic
Uniform Rules
concerning the
Validation of
Technical Standards
and the Adoption of
Uniform Technical
Prescriptions
applicable to
Railway Material
intended to be used
in International
Traffic
Uniform Rules
concerning the
Technical Admission
of Railway Material
used in International
Traffic
Convention concerning
International Carriage by Rail
Protocol on the Privileges and
Immunities of OTIF

6. Relationships governed by international law
6
CustomerCustomer
CarrierCarrier CarrierCarrier
Infrastructure managerInfrastructure manager
AuxiliaryAuxiliary
Wagon
keeper
Wagon
keeper
Substitute
Carrier
Substitute
Carrier
CIM / CIV
(partially PRR) CUV
CUI
(partially
EU-regulation)
CUI
(partially
EU-regulation)
Infrastructure managerInfrastructure manager

7. COTIF: uniform rules for international contracts
For contracts of:
 international carriage of passengers or goods: CIV + CIM
 use of vehicles in international traffic: CUV
 use of infrastructure in international traffic: CUI
Prevail over:
 national law
 general terms and conditions
 individual contracts
Well adapted for a liberalised market:
 large contractual freedom: different types of relations possible
between railways
 good protection for customers: mandatory liability rules
7

8. Hierarchy of norms
STC: Standardised
bilateral contractual
rules developed by
RUs for their customers
GTC: Standardised
multilateral contractual
rules at the CIT’s
members disposal
Charter:
Soft law: Political
declarations for
improving quality
International law
STC
GTC
Passenger / Freight
Charters
CIM / CIV
RUs / UIC
OTIF
CER
CIT
12.05.14
8

9. CIT products
9
Legal relationship railway – customer
 General Terms and Conditions
 Customer Agreement Checklist
 Claims Handling
 Consignment Note Manual
Legal relationship railway – railway
 General Terms and Conditions for cooperation
 Boilerplate contracts, sub-contracts, hire etc
 CIT freight and wagon manual
 Ticketing Manual
 Agreements concerning handling of claims

10. Implementation of contractual relationship
throughout CIT products
10

11. CIT’s principles
11

12. Conclusion
 Proven legal system for international passenger and freight traffic
 Working in practice since many years
 Modern and business oriented
 Fair and balanced for all business partners
 Freedom for the railway industry and business partners to develop
standards
12

13. Thank you for your attention!
13
For further information,
visit www.cit-rail.org

Cesare Brand
Secretary General CIT
Tel: +41 31 350 01 90
Email: cesare.brand@cit-rail.org
