Commissioner Apostolos Tzitzikostas, in a written answer to a parliamentary question, clarified that under EU rail passenger rights rules, Renfe cannot escape compensation for delays caused by speed limits imposed by infrastructure manager Adif, except when the delay is already factored into the ticket's scheduled arrival time or the passenger was informed before purchase.
The answer, addressed to MEPs Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, and Juan Ignacio Zoido Álvarez (all PPE), responds to Renfe's 30 January 2026 announcement that it would stop compensating delays due to Adif-imposed speed restrictions for tickets bought from 31 January. The MEPs had questioned whether this policy complies with Regulation (EU) 2021/782, which mandates 25% compensation for delays of 60–119 minutes and 50% for delays of 120 minutes or more.
Tzitzikostas cited Article 19(10) of the regulation, which states that actions of the infrastructure manager do not exempt the railway undertaking from paying compensation, as such actions are generally considered 'connected with the operation of the railway'. However, he noted two exceptions: if the scheduled arrival time at purchase already accounts for the extra travel time due to speed limits, that additional time does not count as a 'delay' under the regulation; and passengers informed of a delay before buying a ticket have no right to compensation.
The Commissioner emphasised that it is for Member States and their National Enforcement Bodies (NEBs) to monitor compliance and take necessary measures. If NEBs and Member States fail to correctly implement EU passenger rights rules, the Commission may take appropriate action.
The answer reinforces passenger protection by affirming that infrastructure-related delays are generally compensable, but leaves room for operators to adjust timetables to avoid compensation. This balances consumer rights with operational realities.
The Commission will rely on NEBs to enforce the rules; if Spain's NEB does not act, the Commission could launch infringement proceedings. No specific timeline was given.