DECISION BY THE COURT OF APPEAL FOR WESTERN SWEDEN RENDERED ON 29 DECEMBER 2003 IN CASE T 4366-02
Subject-Matter Non-compliance with mandatory European telecommunications law – does it constitute a violation of Swedish ordre public?
Finding: European Council Directive 98/13/EC and European Council Decision 98/482/EC do not have direct effect against private entities, and may therefore not constitute grounds for declaring an award invalid for reasons of ordre public.
Parties: Claimant: Dirland Télécom S.A. (France) Respondents: Viking Telecom AB (Sweden) Place of Court Proceedings: Gothenburg, Sweden
Applicable Law: Swedish Arbitration Act Excerpts below are an unofficial translation of the proceedings in the Court of Appeal for Western Sweden.
Summary The dispute in the case arose as a result of the sale of call routers; a type of telephone equipment. The call router is a device installed by telephone subscribers to route the call through a certain operator’s network in order to achieve lower costs.
Viking Telecom AB (“Viking”) is a Swedish corporation with its principal place of business in Gothenburg, Sweden. Viking develops and markets products for access to telecommunication networks, including call routers.
Dirland Télécom S.A. (“Dirland”) is a French corporation with its principal place of business in St Dizier, France. It carries out wholesale business of GSM telephones and supplies a number of different communications services.
Table of Contents:
Dirland Télécom S.A. (France) v. Viking Telecom AB (Sweden), Decision by the Court of Appeal for Western Sweden rendered on 29 December 2003 in case T 4366-02
SUBJECT-MATTER: Non-compliance with mandatory European telecommunications Law - does it constitute a violation of Swedish ordre public ?