# C_2019139EN.01001101.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/11 |
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15.4.2019

EN

Official Journal of the European Union

C 139/11

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Judgment of the Court (Ninth Chamber) of 28 February 2019 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Konkurrensverket v SJ AB

(Case C-388/17) (1)

(Reference for a preliminary ruling - Public procurement procedures in the transport sector - Directive 2004/17/EC - Scope - Article 5 - Activities relating to the provision or operation of networks to provide a service to the public in the field of transport by railways - Award, by a public national railway undertaking providing transport services, of cleaning service contracts for trains belonging to that undertaking - No prior publication)

(2019/C 139/08)

Language of the case: Swedish

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings

Applicant: Konkurrensverket

Defendant: SJ AB

Operative part of the judgment

| 1. | The second subparagraph of Article 5(1) of 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 must be interpreted as meaning that there is a network of rail transport services, within the meaning of that provision, where transport services are provided, in application of national legislation transposing Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, on a railway infrastructure managed by a national authority which allocates infrastructure capacity even if that authority is required to meet the requests of railway undertakings provided that the limits of that capacity are not reached; |
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1.

The second subparagraph of Article 5(1) of 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 must be interpreted as meaning that there is a network of rail transport services, within the meaning of that provision, where transport services are provided, in application of national legislation transposing Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, on a railway infrastructure managed by a national authority which allocates infrastructure capacity even if that authority is required to meet the requests of railway undertakings provided that the limits of that capacity are not reached;

| 2. | The first subparagraph of Article 5(1) of Directive 2004/17 must be interpreted as meaning that the activity pursued by a railway undertaking, which consists of providing transport services to the public in exercising a right of use of the railway network, is an ‘operation of networks’ for the purposes of that directive. |
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2.

The first subparagraph of Article 5(1) of Directive 2004/17 must be interpreted as meaning that the activity pursued by a railway undertaking, which consists of providing transport services to the public in exercising a right of use of the railway network, is an ‘operation of networks’ for the purposes of that directive.

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(1)  OJ C 293, 4.9.2017.

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