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Case C-500/09: Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Postal services — Directive 97/67/EC — National restrictions — Express courier undertakings — National licensing system)

ECLI:EU:UNKNOWN:62009CA0500

62009CA0500

October 28, 2010
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18.12.2010

Official Journal of the European Union

C 346/20

(Case C-500/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Postal services - Directive 97/67/EC - National restrictions - Express courier undertakings - National licensing system)

2010/C 346/33

Language of the case: Greek

Parties

Applicant: European Commission (represented by: L. Lozano Palacios and D. Triantafyllou, acting as Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos and D. Tsagkaraki, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Breach 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 (OJ 1998 L 15, p. 14)

Operative part of the judgment

The Court:

1.Declares that, by continuing to apply Ministerial Decree No A1/44351/3608 of 12 October 2005, the Hellenic Republic has failed to fulfil its obligations under 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 2002/39/EC of the European Parliament and of the Council of 10 June 2002, and in particular Article 9(1) and (2) thereof;

2.Orders the Hellenic Republic to pay the costs.

* Language of the case: Greek.

(1) OJ C 37, 13.2.2010.

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