Order of the Court (Tenth Chamber) of 21 May 2015 —

Slovenská autobusová doprava Trnava

(Case C‑318/14) 1  ( 1 )

‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 49 TFEU and 52 TFEU — Freedom of establishment — Regulation No 1370/2007 — Public transport by rail and by road — Bus transport on urban public transport lines — Carrier established in another Member State and operating through a branch — Requirement to obtain special authorisation — Discretionary power of the competent authority — Public service contract’

Freedom of establishment — Restrictions — Operation of an urban public transport service by road in the territory of a Member State — National legislation requiring only foreign carriers which have a branch office in that Member State to obtain special authorisation issued on a discretionary basis by the competent authorities — Unlawful — No justification (Art. 49 TFEU) (see paras 37-42, 44, 47, 48-50, 53, operative part)

Operative part

Article 49 TFEU must be interpreted as precluding legislation of a Member State requiring only foreign carriers which have a branch office in that Member State to obtain special authorisation issued on a discretionary basis by the competent authorities in order to operate an urban public transport service by road in the territory of that Member State alone.

( 1 )   OJ C 351, 6.10.14.

Order of the Court (Tenth Chamber) of 21 May 2015 —

Slovenská autobusová doprava Trnava

(Case C‑318/14) 1  ( 1 )

‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 49 TFEU and 52 TFEU — Freedom of establishment — Regulation No 1370/2007 — Public transport by rail and by road — Bus transport on urban public transport lines — Carrier established in another Member State and operating through a branch — Requirement to obtain special authorisation — Discretionary power of the competent authority — Public service contract’

Freedom of establishment — Restrictions — Operation of an urban public transport service by road in the territory of a Member State — National legislation requiring only foreign carriers which have a branch office in that Member State to obtain special authorisation issued on a discretionary basis by the competent authorities — Unlawful — No justification (Art. 49 TFEU) (see paras 37-42, 44, 47, 48-50, 53, operative part)

Operative part

Article 49 TFEU must be interpreted as precluding legislation of a Member State requiring only foreign carriers which have a branch office in that Member State to obtain special authorisation issued on a discretionary basis by the competent authorities in order to operate an urban public transport service by road in the territory of that Member State alone.

( 1 ) OJ C 351, 6.10.14.