Disputes
 

Disputes

If someone is considered to have acted in breach of the Railway Act or any requirements based on it, or contrary to the principles of non-discrimination and equal treatment, the issue can be submitted to the Rail Regulatory Body for investigation. This appeal can be made by a railway undertaking, an applicant for rail capacity, any company that uses training services, the infrastructure manager, an operator of service facilities, other service provider, or by a competent authority.

The Regulatory Body can also begin investigating the matter on its own initiative.

Contents of complaint

The matter must be lodged with the Regulatory Body in writing. The demands of the complainant and their grounds must be set out in the complaint. The complaint must specify the conduct in such a manner that the conduct's relationship to the provisions set forth in the Railway Act and the regulations based thereon can be verified. The complaint must include documents which the complainant cites in support of his or her case. Any documents submitted must clearly specify any business secrets or other confidential information contained in them.

Please send any complaints to the Rail Regulatory Body at the
P. O. Box address

Finnish Rail Regulatory Body
P.O.Box 467
FI-00101 Helsinki

or by email to the address

Processing of disputes

Disputes shall be resolved through arbitration in the first instance.

If arbitration does not succeed, the regulatory body will issue a resolution on the issue within six weeks from the date upon from receipt of all relevant information necessary to resolving the matter.

If confidentiality provisions allow, the Regulatory Body has the right to receive, without undue delay, all the relevant information required for the consideration of the case from the railway operators and infrastructure managers concerned.

Procedures in accordance with the Administrative Procedure Act (434/2003) shall apply to the processing of complaints. The Regulatory Body can investigate an issue in writing, orally or with the help of an inspection.

Openness of processing of matter

The Act on the Openness of Government Activities (621/1999) applies to matters processed by the Regulatory Body. Complaints are primarily considered public on the basis of the Act. The agency must provide any party that so requests with information on the complaint and on the related documents. On the other hand, the Act also defines confidentiality obligations on the basis of which issues such as business secrets and other information specified in the Act on the Openness of Government Activities cannot be divulged. For this reason, the complaint must clearly specify any business secrets or other confidential information it contains.

In addition, the identity of the complainant is primarily considered public information. His or her identity may only be protected if there are compelling grounds for doing so, such as important public or private interests.

Decision of regulatory body and appeals

Appeals can be made against decisions on disputes made by the Regulatory Body by referring the matter to the Market Court. Appeals against decisions made by the Market Court can be submitted to the Supreme Administrative Court as provided by the Administrative Judicial Procedure Act.