Information;Judgment — ECLI:EU:T:2023:32
Date: 2023-02-01
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - successful
Origin: Sweden

Judgment of the General Court of 1 February 2023 – SJ v Commission (Case T-659/20) 1 (Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing decision on the applicability of Article 34 of Directive 2014/25 to railway passenger transport in Sweden – Rights of the defence – Right to be heard) Language of the case: English Parties Applicant: SJ AB (Stockholm, Sweden) (represented by: J. Karlsson and M. Johansson, lawyers) Defendant: European Commission (represented by: S. Baches Opi, P. Ondrůšek and G. Wils, acting as Agents) Intervener in support of the applicant: Kingdom of Sweden (represented by: M. Salborn Hodgson, H. Eklinder, C. Meyer-Seitz, A. Runeskjöld, H. Shev, R. Shahsavan Eriksson and O. Simonsson, acting as Agents) Re: By its action based on Article 263 TFEU, the applicant seeks the annulment of Article 2 of Commission Implementing Decision (EU) 2020/1193 of 2 July 2020 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to railway passenger transport in Sweden (OJ 2020 L 262, p. 18), by which the European Commission decided that 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) continued to apply to contracts awarded by contracting entities and intended to enable activities related to the provision of commercially operated railway passenger services to be carried out in the territory of Sweden. Operative part of the judgment The Court: Annuls Article 2 of Commission Implementing Decision (EU) 2020/1193 of 2 July 2020 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to railway passenger transport in Sweden; Orders the European Commission to pay the costs; Orders the Kingdom of Sweden to bear its own costs. ____________ 1 OJ C 28, 25.1.2021.