Official Journal of the European Union

C series

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C/2024/7294

16.12.2024

Judgment of the Court (Tenth Chamber) of 24 October 2024 (request for a preliminary ruling from the Varhoven administrativen sad – Bulgaria) – ‘STAR POST’ ЕOOD v Komisia za regulirane na saobshteniata

(Case C-476/23, Star Post)

(Reference for a preliminary ruling - Postal services in the European Union - Directive 97/67/EC - Article 22(3) - Concept of ‘postal service provider affected by a decision of a national regulatory authority’ - Right of appeal)

(C/2024/7294)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: ‘STAR POST’ ЕOOD

Defendant: Komisia za regulirane na saobshteniata

Operative part of the judgment

Article 22(3) 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, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding national legislation under which a postal service provider competing with the universal postal service provider cannot challenge before an independent body a decision of the national regulatory authority, to which it is not an addressee, by which the latter calculates, pursuant to Article 7(3) of Directive 97/67, as amended, the amount of the net costs incurred by the universal postal service provider and finds that those costs constitute an unfair financial burden within the meaning of that provision.

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OJ C C/2023/500.

ELI: http://data.europa.eu/eli/C/2024/7294/oj

ISSN 1977-091X (electronic edition)

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