Luxembourg, December 10, 2025 — The EU General Court has upheld the European Commission’s (EC) refusal to investigate allegations that major rail manufacturers coordinated to exclude an Austrian supplier from the market for fire-safe bogie components.
Complaint Over Standard Application Fails
Bategu Gummitechnologie had asked the EC to probe Siemens, Stadler, Bombardier, Alstom and Plasser & Theurer, claiming the companies misapplied the EU fire-safety norm EN 45545-2 to avoid purchasing its components and to justify invoking exemptions that allowed continued use of older, non-compliant parts.
The company alleged coordinated conduct, including the use of common guidance documents and claimed refusals to source its components, amounting to violations of Articles 101 and 102 TFUE.
But the Court confirmed the Commission’s view that the evidence did not indicate collusion or any duty for the manufacturers to contract with Bategu. The Court stressed that divergences in procurement decisions across the five firms suggested independent commercial conduct rather than alignment.
Commission’s Discretion Affirmed
Judges reiterated the Commission’s broad discretion to prioritise cases and reject complaints with low prospects of uncovering an infringement. The Court found no indication that the Commission had misinterpreted the railway fire-safety standard, mishandled evidence or shifted the burden of proof onto the complainant.
The Court also dismissed claims of procedural unfairness, holding that Bategu was not entitled to full access to confidential material submitted by other parties.
Ultimately, the Court rejected the action in full and ordered Bategu to pay the Commission’s and Siemens’s costs. Stadler, which intervened in support of the Commission, must bear its own costs.
The case is T-219/23 Bategu Gummitechnologie v Commission before the EU General Court.
