Swedish Courts disregard direct effect of the EC Utilities Directive and reject request for referral to the ECJ on its interpretation (Swebus/Storstockholms Lokaltrafik)

Introduction Apart from the ground breaking ruling by the European Court of Justice (ECJ) in the Altmark state aid case in 2004 [1], the European Commission and the European Courts have not delivered any significant competition, state aid or public procurement decisions in relation to the European public bus transport sector [2]. This article examines the competitive situation in the public bus transport market in the light of a case that was recently brought by Swebus AB (“Swebus”) against AB Storstockholms Lokaltrafik (“SL”) in relation to a public tender under the Swedish law on reward of public contracts (LOU ) [3] The case is interesting because the Highest Administrative Court in Sweden (the “Regeringsrätten ”) rejected Swebus' request for a leave of appeal and thus for an Art. 234

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Andreas Jasper, Swedish Courts disregard direct effect of the EC Utilities Directive and reject request for referral to the ECJ on its interpretation (Swebus/Storstockholms Lokaltrafik), 27 March 2008, e-Competitions Bulletin Direct effect, Art. N° 22665

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