A legal battle in Norway is unfolding quite dramatically. Private operator Onrail alleged in December 2024 that it was unfairly being denied access to the Alnabru workshop and a train parking facility. The Norwegian Rail Inspectorate (SJT) agreed with Onrail’s point of view. However, in defiance of the SJT, workshop operator CargoNet continues to keep the private rail company out.
The railway authority concluded in February that state-owned freight operator CargoNet, infrastructure manager Bane NOR and maintenance company Mantena had violated several rules. The exclusion of Onrail from the workshop was, in conclusion, illegal.
Despite SJT’s ruling, Onrail has still not been granted access to the workshop and the parking facility at Kongsvinger. The result: SJT is now imposing a daily fine of 30,000 Norwegian crowns (2,640 euros) on CargoNet until the situation is rectified.
Millions in losses
“Lack of maintenance could also have consequences for public safety and emergency preparedness, as a result of rolling stock in Norway not being available to transport personnel and goods, as in this case, to the necessary extent”, argues SJT.
The railway authority’s decision has been to the satisfaction of Onrail. “We are pleased that the Norwegian Rail Inspectorate is clear that the railway regulations have been violated and that the authority’s orders must be followed”, the company’s CEO Henning Aandal wrote to Aftenposten.
According to him, state-owned CargoNet “deliberately breaks the law and tries to get rid of its challenger on the railway.” Onrail has incurred costs of over 30 million Norwegian crowns (2,6 million euros) as a result of the workshop exclusion, which started two years ago, Aandal claims.
Lawsuit
For its part, CargoNet takes a different view of the conflict. “We dispute the legal basis for the orders from SJT, and thus also the penalty payment”, writes Marius Holm from CargoNet’s parent company Vy to Aftenposten. The company has sent a lawsuit notice to the Norwegian Rail Inspectorate.
“There is no legal basis for imposing tasks on CargoNet as operator of Norwegian Railways’ shared infrastructure, because CargoNet does not have legal control over the workshop”, the Vy spokesperson said. That authority lies with the infrastructure provider, according to CargoNet. As a commercial market player, it maintains that it does not have the authority or the resources to carry out that task.
The Alnabru workshop
CargoNet is currently leasing the workshop from its owner, infrastructure manager Bane NOR. The freight operator has hired maintenance company Mantena, another state-owned company, to provide servicing at the facility.
Mantena has said that it has no problem providing maintenance services for Onrail alongside CargoNet. It pointed to the facility’s lessee, saying that CargoNet needs to give its approval before Mantena can service Onrail as well. In turn, CargoNet pointed to Bane NOR, because they are the owners of the facility.