Nine French rail operators are seeking compensation from SNCF Réseau claiming it abused a force majeure clause to avoid compensating for train cancellations during strikes in 2023. The plaintiffs in question are thought to include Captrain, Europorte, Regiorail, Millet Rail, T3M, FroidCombi, CFL and Lineas.
The industrial action in question took place between January and April last year in protest to government proposals on State pension reform. Legal action has been initiated by members of the Association Française du Rail (AFRA) – a French industry body of rail firms, of which SNCF is not a member.
The case will be heard before the Paris Commercial Court. “We are challenging SNCF Réseau’s systematic application of the force majeure clause whenever national cross-industry industrial action takes place,” AFRA President and head of DB Cargo France, Alexandre Gallo, told Railfreight.com.
‘Passenger trains are prioritised in case of strikes’
“The aim is not necessarily to obtain compensation but to ensure that the (rail) infrastructure manager (SNCF Réseau) finds solutions to keep our freight trains running when our own staff are not on strike,“ he added. The sentiment expressed among the plaintiffs is that when industrial action occurs, SNCF Réseau prioritises the cancellation of freight trains in order to maintain a maximum number of high-speed, regional and local passenger train services and limit user discontent.
SNCF Réseau says strikes are force majeure
Gallo underlined that SNCF’s rail freight subsidiary, Fret SNCF, did not benefit from preferential treatment during the strikes. “It suffered like the rest of us,” he said. Railfreight.com approached SNCF Réseau on the legal action by members of AFRA but no one was immediately available for comment.
SNCF Réseau’s position appears to be that events such as strikes are outside its responsibility and control and constitute a case of force majeure. However, there are unconfirmed reports that the agency has nevertheless made a provision in its accounts totalling 12 million euros to cover potential compensation claims.