This report briefly discusses the current state of train path allocation in Switzerland in view of the current and future EU legislation as well as the position of the European Commission. It determines that the Commission’s position and Switzerland’s international obligations towards the European Union diverge although Switzerland’s current train path allocation body seems to be coherent with the 1999 bilateral agreement between Switzerland and the EU on overland transport. The recently strengthened arbitration commission will likely not countervail the Commission’s concerns and future legislation in Switzerland regarding the form, organisation and structure of the train path allocation body is expected in 2014.