21.8.2017

Official Journal of the European Union

C 277/3

(Case C-368/15) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Directive 97/67/EC - Article 9 - Freedom to provide services - Postal services - Notions of universal service and essential requirements - General and individual authorisations - Authorisation to provide postal services under individually negotiated contracts - Conditions imposed))

(2017/C 277/03)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Intervening party: Liikenne- ja viestintäministeriö

Operative part of the judgment

1.Article 9(1) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, must be interpreted to the effect that a postal items service such as the one at issue in the main proceedings does not fall within the scope of the universal service if it does not involve the permanent provision of a postal service of specified quality at all points in the territory at affordable prices for all users. The provision of a postal items service which does not fall within the scope of the universal service may be subjected only to the issuing of a general authorisation.

2.Article 9(1) of Directive 97/67, as amended by Directive 2008/6, must be interpreted to the effect that the provision of postal services not falling within the scope of the universal service may be made subject to requirements such as those referred to in Article 9(2), second subparagraph, second indent, of that directive, as amended.

(<span class="note">1</span>) OJ C 311, 21.9.2015.