The deadline for the Netherlands to respond to Brussels’ concerns about Nederlandse Spoorwegen’s (NS) de facto monopoly on the national railway network has passed, and the European Commission is now expected to take legal action, the Telegraaf reported on Tuesday.

The Dutch government has granted NS exclusive rights to operate the main railway network since the last century, while a handful of private operators – Arriva, Qbuzz and Transdev – provide regional services. The government argues this is the best way to ensure a reliable service for passengers, given the small size and complexity of the Dutch rail system.

Brussels, however, disagrees and maintains that the private sector should play a bigger role. NS is fully owned by the Dutch state.

The new Dutch concession for NS, granted in December 2023, came into being in January this year, much to the irritation of the commission. It then told the Netherlands in February the government had two months to explain its position and carry out an analysis of the likely impact of allowing more companies to offer regular services or potentially face legal action.

Public transport minister Chris Jansen said he had responded to Brussels and was confident about the outcome of the ongoing process.

“What I wanted to emphasise is that the trains on the Dutch railway network form the basis of our public transport system,” he said. “And I will continue to guarantee that travellers can count on it, every day.”

If the commission refers the case to the European court and wins, the Dutch state could face millions of euros in damages claims from other railway operators.

“Regulated competition in the rail market is essential to provide passengers with more attractive and innovative services at lower costs, while maintaining public service obligations,” the commission said in February.