Judgment of the court 16 October 2025 (Case C‑282/24): Polismyndigheten v Konkurrensverket

(Abstract by Nohrcon / AI)*

Background

The Swedish Police concluded two framework agreements (vehicle towing). Later, to rebalance costs among police regions, it increased the fixed-price radius (from 10 km to 50 km) and recalibrated prices (e.g., introducing a SEK 4,500 fixed fee per service and lowering per-km rates), with no more than a marginal change in total value. The Swedish Competition Authority sought a fine for unlawful modification; two national courts upheld the fine. The Supreme Administrative Court asked whether such a change alters the “overall nature” under Article 72(2).

Question referred

Whether altering the balance between fixed and variable prices and adjusting price levels (with only a marginal change in total value) must be regarded as altering the overall nature of the framework agreement under Article 72(2).

Court’s assessment

• “Overall nature” ≠ “substantial modification.” Article 72(2) is a specific derogation permitting low-value modifications, provided they do not alter the overall nature; that concept is distinct and narrower than the “substantial modification” test in Article 72(4). Treating them as equivalent would deprive Article 72(1)(a), 72(1)(c) and 72(2) of effect.
• Price changes can be allowed within Article 72(1)(a), 72(1)(c) and 72(2), as long as they do not transform the agreement. A limited price modification (below thresholds) does not in itself alter overall nature.
• Exceptionally, if the new remuneration method fundamentally changes the balance of the agreement — placing the contractor in a significantly more favourable position and effectively transforming the agreement — it would alter the overall nature. This is for the national court to verify on the facts.

Decision (operative part)

Article 72(2) must be interpreted to mean that a modification of the remuneration method in a framework agreement (lowest-price award), which alters the balance between fixed and variable prices and adjusts price levels with only a marginal change in total value, does not alter the overall nature of the framework agreement — unless it leads to a fundamental change in the balance of that agreement.

*This summary may contain errors and does not constitute legal advice or guidance.

Read the full judgment here