Official Journal of the European Union

EN

Series C

C/2023/141

16.10.2023

(Case T-427/23)

(C/2023/141)

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 the Commission’s decision contained in its letter of 10 May 2023, taking measures in order to comply with the General Court’s Judgment of 1 February 2023 (T-659/20, EU:T:2023:32); 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 Commission infringed Article 266(1) TFEU and the principle of proportionality by the decision to condition the adoption of a new implementing decision on the receipt of information from SJ.

2.Second plea in law, alleging that the Commission infringed Article 266(1) TFEU and the principle of proportionality by the decision to condition the adoption of a new implementing decision on the receipt of information from SJ which goes beyond what is necessary for adopting such a new implementing decision.

3.Third plea in law, alleging that The Commission infringed Article 266(1) TFEU, read in conjunction with Article 35(3) and Annex IV of the Directive (1), by the decision to apply a time limit for the procedure of adopting a new implementing decision that is the same as if a new request for exemption had been submitted.

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243)

ELI: http://data.europa.eu/eli/C/2023/141/oj

ISSN 1977-091X (electronic edition)