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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. # Case C-500/09.
ECLI:EU:C:2010:652
62009CJ0500
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(Case C-500/09)
Failure of a Member State to fulfil obligations – Postal services – Directive 97/67/EC – National restrictions – Express courier undertakings – National licensing system
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 CE) (see paras 17-20)
Re:
Failure of a Member State to fulfil obligations – Infringement 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
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.