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Case C-162/06: Judgment of the Court (First Chamber) of 15 November 2007 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — International Mail Spain SL v Administración del Estado, Correos (Directive 97/67/EC — Common rules for the development of the internal market in postal services — Liberalisation of postal services — Possibility to reserve cross-border post to the universal postal service provider to the extent necessary to ensure the maintenance of universal service )
ECLI:EU:UNKNOWN:62006CA0162
62006CA0162
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12.1.2008
Official Journal of the European Union
C 8/4
(Case C-162/06)
(Directive 97/67/EC - Common rules for the development of the internal market in postal services - Liberalisation of postal services - Possibility to reserve cross-border post to the universal postal service provider ‘to the extent necessary to ensure the maintenance of universal service’)
(2008/C 8/06)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: International Mail Spain SL
Respondents: Administración del Estado, Correos
Re:
Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Article 7(2) 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, prior to its amendment by Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 (OJ 1998 L 15, p. 14) — Postal services reserved to universal service providers — Cross-border mail — Assessment criteria — Account taken solely of the effect on the financial equilibrium of the universal service provider
Operative part of the judgment
Article 7(2) 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 must be interpreted as allowing Member States to reserve cross-border mail to the universal postal service provider only in so far as they establish
—that, in the absence of such a reservation, achievement of that universal service would be precluded, or
—that that reservation is necessary to enable that service to be carried out under economically acceptable conditions.
* * *
(1) OJ C 143, 17.6.2006.