Subject-Matter: Non-compliance with mandatory European telecommunications law—does it constitute a violation of Swedish ordre public ?
Finding: 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.
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.