Public service contracts with exclusive rights
Article 6
Where a competent authority has granted exclusive rights to the railway undertaking performing a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007, the existence of such rights shall not preclude access being granted to an applicant for the purpose of operating a new rail passenger service, provided that access would not compromise the economic equilibrium of the public service contract. In carrying out the test pursuant to Article 10, the regulatory body shall give due consideration to the value of any such exclusive rights.