4.9.2017

Official Journal of the European Union

C 293/19

(Case C-388/17)

(2017/C 293/23)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Konkurrensverket

Defendant: SJ AB

Questions referred

1.Must the second subparagraph of Article 5(1) of Directive 2004/17 be interpreted as meaning that there is a network in the field of transport services when transport services on a State-administered rail network for national and international rail traffic are provided in accordance with provisions in national legislation which implement Directive 2012/34, which involve the allocation of rail infrastructure capacity on the basis of requests from railway companies and a requirement that all requests are to be met so far as possible?

2.Must the first subparagraph of Article 5(1) of Directive 2004/17 be interpreted as meaning that an activity which is carried out by a railway company such as is referred to in Directive 2012/34 and which entails the provision of transport services to the public on a rail network constitutes the provision or operation of a network as referred to in that provision of the directive?

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (Utilities Directive) (OJ 2004 L 134, p. 1).

Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ 2012 L 343, p. 32).