Judgment of the General Court (Fifth Chamber) of 14 September 2022

Data

Court: General Court

Case date: 14 september 2022

Verdict

Judgment of the General Court (Fifth Chamber) of 14 September 2022 –
SŽ – Tovorni promet v Commission

(Case T‑575/20)⁽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 on railway freight transport in Slovenia - Direct exposure to competition - Product market definition - Geographic market definition - Assessment of direct exposure to competition - Principle of good administration - Obligation to state reasons)"

1. Action for annulmentReview of legalityCriteriaAccount taken only of elements of fact and law existing at the date on which the contested measure was adopted

(Art. 263 TFEU)

(see paragraph 17)

2. Approximation of lawsProcedures for awarding contracts in the water, energy, transport and postal services sectorsDirective 2014/25ScopeContracts for an activity directly exposed to competition in the Member State concernedBurden of proof

(European Parliament and Council Directive 2014/25, recital 44 and Arts 34(1) and 35; Commission Decision 2016/1804, Art. 1)

(see paragraphs 28, 29, 34, 136)

3. Acts of the institutionsStatement of reasonsObligationScopeAssessment of the duty to state reasons by reference to the circumstances of the caseNeed to specify all the relevant factual and legal elements –None

(Art. 296 TFEU)

(see paragraphs 47-49)

4. Acts of the institutionsStatement of reasonsObligationScopeDecision falling within a context known to the person concerned, enabling him or her to understand the scope of the measure taken against him or herWhether summary statement of reasons sufficient

(Art. 296 TFEU)

(see paragraph 72)

5. Approximation of lawsProcedures for awarding contracts in the water, energy, transport and postal services sectorsDirective 2014/25ScopeContracts for an activity directly exposed to competition in the Member State concernedNot includedDelimitation of the relevant marketDiscretion of the CommissionJudicial reviewLimits

(European Parliament and Council Directive 2014/25, Arts 34(1) and 35; Commission Decision 2016/1804, Art. 1)

(see paragraphs 82, 83)

6. Judicial proceedingsApplication initiating proceedingsFormal requirementsSummary of the pleas in law and arguments relied onPleas in law and arguments not set out in the applicationGeneral reference to other documentsInadmissibility

(Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d))

(see paragraph 88)

7. Approximation of lawsProcedures for awarding contracts in the water, energy, transport and postal services sectorsDirective 2014/25ScopeContracts for an activity directly exposed to competition in the Member State concernedNot includedDelimitation of the relevant marketEffect of Commission’s previous decision-making practiceNone

(European Parliament and Council Directive 2014/25, Arts 34(1) and 35; Commission Decision 2016/1804, Art. 1)

(see paragraph 95)

8. EU lawPrinciplesEqual treatmentMeaning

(Charter of Fundamental Rights, Arts 20 and 21)

(see paragraphs 105, 106)

Operative part

The Court:

1. Dismisses the action;

2. Orders SŽ – Tovorni promet d.o.o. to bear its own costs and to pay those incurred by the European Commission.