ARBITRATION REGARDING ROAD-TOLL DISPUTES
Schienen-Control acts as the national mediation body designated under Directive RL (EU) 2019/520 for disputes between the toll collector and EETS-providers.
EETS stands for „European Electronic Toll Service“ and is intended to simplify the payment of road-toll fees within the European Union.
On March 29, 2019, Directive RL (EU) 2019/520 on the interoperability of electronic toll systems and the facilitation of cross-border information exchange regarding non-payment of road fees within the Union was published.
Toll Collector and Toll Creditor in Austria
A toll collector, as defined in Article 2 No. 3 of Directive RL (EU) 2019/520, is a public or private entity that collects tolls for vehicle traffic in an EETS area. In Austria, the toll collector, according to § 7 para. 3 of the Federal Toll Act 2002 (BStMG), is ASFINAG (Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft). ASFINAG operates the toll system, provides the infrastructure, and ensures that toll fees are collected. The toll collector acts on behalf of the toll creditor.
According to § 3 BStMG, the toll creditor is the Federal Government of Austria or, if the right of usufruct has been granted to it by the Federal Government, ASFINAG. Toll creditors are the organizations entitled to the revenue from toll fees.
Definition of an EETS Provider
An EETS provider, as defined in Article 2 No. 6 of Directive RL (EU) 2019/520, is an entity that, under separate contracts:
- Grants an EETS user access to the EETS,
- Transfers the toll to the responsible toll collector, and
- Is registered in the member state where it is established.
Directive RL (EU) 2019/520 includes, among other things, the essential requirements for the EETS service, the rights and obligations of EETS providers, toll collectors, and EETS users.
A list of EETS providers authorized in the Austrian EETS area can be found on the website of the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation, and Technology: EETS Providers in Austria.
As of 2024, the following companies have concluded a corresponding contract with ASFINAG:
- Axxès SAS (France)
- BroBizz A/S (Denmark)
- DKV Euro Service GmbH & Co. KG (Germany)
- ØresundPAY (Denmark)
- Telepass S.p.A. (Italy)
- Toll4Europe GmbH (Germany)
- tolltickets GmbH (Germany)
- TotalEnergies Marketing Services (France)
- A.G. payment solutions (Eurowag) (Czechia)
Schienen-Control as a Mediation Body
Member states are required to establish a mediation body to resolve disputes between toll collectors and EETS providers.
In Austria, the necessary adjustments were made within the framework of the implementation of Directive RL (EU) 2019/520 through the Federal Act amending the BStMG (Federal Law Gazette I 155/2021). The Schienen-Control GmbH is responsible as the mediation body under Article 11 of Directive RL (EU) 2019/520.
The following matters can be the subject of mediation proceedings under § 8c BStMG:
- Disputes arising from a contractual or contract negotiation relationship between the toll collector and the EETS provider, particularly concerning the discriminatory nature of contract terms.
- Disputes over compensation in accordance with the principles set out in Article 7 of Directive RL (EU) 2019/520.
- Disputes regarding compliance with obligations under § 7 para. 5 BStMG (toll payment).
The mediation body of Schienen-Control GmbH fulfills the principles developed by the European Commission for out-of-court dispute resolution bodies in terms of independence, transparency, adversarial procedure (hearing of all parties), efficiency, legality, freedom of action, and the parties' right to representation.
Accordingly, the mediation body of Schienen-Control GmbH is independent in its organization and legal form from the commercial interests of the toll collector and EETS providers.
Contact
To request mediation in toll disputes, please submit:
- A statement of facts and
- Contact details (contact person, phone, address, email address)
in writing via email to: maut.vermittlungsstelle@schienencontrol.gv.at
or by post to:
Schienen-Control GmbH
Linke Wienzeile 4/1/6
1160 Vienna
Austria