A long-running antitrust dispute in Poland’s rail freight sector has returned to the EU courts, as Sped-Pro has launched a new appeal (Filed 22 Feb 2026) against the European Commission’s refusal to pursue its complaint against PKP Cargo. The action, registered as Case T-130/26, follows the Commission’s December 2025 decision to once again reject the complaint, despite an earlier annulment by the General Court.
The case has its roots in a 2016 complaint in which Sped-Pro, a freight forwarder, alleged that state-controlled PKP Cargo abused its dominant position by refusing to enter into a long-term cooperation agreement on market terms. In 2019, the Commission rejected the complaint, concluding that the Polish competition authority was better placed to handle the matter.
That decision was annulled in Sped-Pro v Commission (2022), where the General Court found that the Commission had failed to properly assess concerns related to the rule of law in Poland. The Court held that, before declining a case on jurisdictional grounds, the Commission must examine whether there is a real risk that the complainant’s rights would not be effectively protected at national level. It also criticised the Commission for not engaging with detailed evidence submitted by the applicant and for failing to provide adequate reasoning.
In its new appeal, Sped-Pro argues that the Commission did not comply with that judgment. According to the applicant, the 2025 rejection again fails to properly assess the risks linked to systemic deficiencies in Poland and their concrete impact on its ability to obtain effective judicial protection. The appeal raises several pleas, including breaches of procedural fairness and fundamental rights.
The case once again puts into focus the limits of the Commission’s discretion to reject complaints for lack of EU interest. While the Commission can prioritise cases and rely on national authorities, it must ensure that complainants’ rights are safeguarded in practice.
The outcome of this renewed litigation could further clarify how rule of law concerns shape EU competition enforcement, particularly in cases where reliance on national authorities is contested.
