Actual problems from the point of view of sustainable transport are limited capacity and level of transport infrastructure and major differences between the capacity and quality of transport infrastructure in western and eastern Europe. Subvention of multi-modal chains in the country is highly differentiated from high subvention towards environmentally friendly mode of transport to very little subvention from the state. The paper deals with legislation relative to conditions of the railway freight transport market liberalisation structure of international documents and national law, conditions of access companies to transport infrastructure and business conditions in the railway transport market. In Slovak republic it was changed of charging schemes for rail infrastructure from 1.1. 2011. We have researched impact this change to modal split. The paper presents measures to improve competitiveness of railway freight transport.