Die Delegation der öffentlichen Dienstleistung des Schienenpersonennahverkehrs

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The dissertation examines the organisation of regional passenger transport services in France and Germany in the context of the European-led liberalisation of the railway sector. In both countries, the reorganisation of regional passenger transport services is seen as a very successful part of the respective railway reforms and regional passenger transport services undoubtedly remain a service of general interest. Therefore, a reform can only search to increase the efficiency of public steering mechanisms but cannot absolve the State from its responsibility for the task. In Germany as in France the planning of transport connections for regional transport services has been shifted from the railway undertaking to a decentralised politically responsible body. This body delegates the execution of the public mission by means of a contract to railway undertakings. In doing so the railway market has been opened to third parties in Germany, whereas in France the SNCF remains monopolist so far. The present study compares how the regionalised regional passenger transport services are provided in a legal system characterised by the concept and the tradition of »service public« with a monopolistic provider - like the French - and in a competitive system - like the German. Even if basic principles are different, practical results often coincide. In spite of the monopoly of the SNCF the French regions and the monopolist enter into real contract negotiations and the SNCF like the DB have gained real customer orientation. A market opening in France is first of all supposed to bring lower prices.