Konkurrensverket v SJ AB

European Union – Public procurement. The second subparagraph of art 5(1) of Directive (EC) 2004/17 should be interpreted as meaning that there was a network of rail transport services, within the meaning of that provision, where transport services were provided, in application of national legislation transposing Directive (EU) 2012/34/EU, on a railway infrastructure managed by a national authority which allocated infrastructure capacity even if that authority was required to meet the requests of railway undertakings provided that the limits of that capacity were not reached. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the alleged disregard of the rules on public procurement procedures when awarding contracts for cleaning services.

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