Non-compliance with mandatory European telecommunications law—
does it constitute a violation of Swedish ordre public ?
European Council’s Directive no. 98/13/EC and European Council
Decision no. 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.
Claimant: Dirland Télécom S.A. (France)
Respondents: Viking Telecom AB (Sweden)
Place of Court Proceedings:
Swedish Arbitration Act
Excerpts below are an unofficial translation of the proceedings in the
Court of Appeal for Western Sweden.
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