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Case T-508/24: Action brought on 27 September 2024 – SJ v Commission
ECLI:EU:UNKNOWN:62024TN0508
62024TN0508
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Official Journal of the European Union
EN
C series
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C/2024/7351
16.12.2024
(Case T-508/24)
(C/2024/7351)
Language of the case: English
Parties
Applicant: SJ AB (Stockholm, Sweden) (represented by: J. Karlsson and M. Johansson, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul Article 1 of Commission’s Implementing Decision of 18 July 2024 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to commercial railway passenger transport in Sweden, C(2024) 4998 final (the ‘Decision’) in its entirety or, in the second place, at least in so far as it provides that the directive shall continue to apply to contracts awarded by contracting entities and intended to enable activities related to provision of commercially operated railway passenger transport services to be carried out on the Stockholm - Gothenburg route and the Gothenburg - Malmö route ; and,
—order the Commission to pay the costs incurred by the applicant.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging that the Decision has not been adopted within the applicable time period.
2.Second plea in law, alleging that the Commission erroneously concluded that the provision of commercial railway passenger services is not directly exposed to competition within the meaning of Article 34(1) of Directive 2014/25/EU at the national level, at the (aggregated) route level and on the Stockholm–Gothenburg route, even if railway passenger services provided under public service obligation are included in the same market as commercial railway passenger services.
3.Third plea in law, alleging that the Commission has erred by concluding that Directive 2014/25/EU shall continue to apply to procurements for commercial railway passenger services on the Gothenburg - Malmö route, despite having found this route to be directly exposed to competition.
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ELI: http://data.europa.eu/eli/C/2024/7351/oj
ISSN 1977-091X (electronic edition)
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