The Regulatory Body initiated an audit on 10 May 2022 to check whether the operation of the Performance Scheme Management (PSM) and the application of the 2020 and 2021 performance schemes are in compliance with the Railway Law. On 19 July 2023, the Regulatory Body took a decision on the operation of the PSM. In its operation and organization, the PSM conflicted with several provisions of the Railway Law. For this reason, the Regulatory Body imposed a ban on the PSM making any further tariff decisions. The decisions already taken by the PSM to financially neutralize the 2020 and 2021 performance schemes are nullified with retroactive effect by the Regulatory Body. Infrabel must apply the performance schemes for 2020,2021,2022 and 2023.

The decision can be consulted here (in Dutch only).