Дело T-***/**: *****************, Определение от **.**.2024 г.

Текст

... d postal services sectors – Request to establish that Directive 2014/25 does not apply to public procurement in the field of railway passenger transport in Sweden – Article 35(1) of Directive 2014/25 – Letter from the Commission requesting additional information – Act not open to challenge – Inadmissibility )

In Case T‑427/23,

SJ AB, established in Stockholm (Sweden), represented by J. Karlsson and M. Johansson, lawyers,

applicant,

v

European Commission, represented by G. Wils, S. Baches Opi and G. Gattinara, acting as Agents,

defendant,

THE GENERAL COURT (First Chamber),

composed, at the time of deliberation, of R. Mastroianni, acting as President, I. Gâlea and S.L. Kalėda (Rapporteur), Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, SJ AB, seeks annulment of the purported decision of the European Commission contained in the letter sent by the latter to the former on 10 May 2023 requesting updated information from the applicant following the judgment of 1 February 2023, SJ v Commission (T‑659/20, not published, EU:T:2023:32; ‘the annulment judgment’).

Background to the dispute

2. The applicant is a public undertaking owned by the Kingdom of Sweden. It is active in the railway passenger transport sector.

3. On 13 December 2019, the applicant submitted to the Commission a request under Article 35(1) of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, ...