Source: All England Reporter
Publisher Citation: [2007] All ER (D) 239 (Nov)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (Rapporteur) (President of Chamber), Tizzano, Schintgen, Borg Barthet and Ilesic
Judgment Dates: 15 November 2007

Catchwords

European Community - Directives - Transposition into national law - Reference to European Court - Request for preliminary ruling concerning interpretation of Community law - Dispute arising in relation to provision of postal services - Issue arising as to whether national legislation properly transposing Community law - Domestic court referring matter to European Court seeking preliminary ruling - Whether domestic legislation giving proper effect to Community law - Parliament and Council Directive (EC) 97/67, art 7.

The Case

European Community - Directives. Article 7(2) of Parliament and Council Directive (EC) 97-67 ' on common rules for the development of the internal market of Community postal services and the improvement of quality of service' fell to be interpreted as allowing member states to reserve cross-border mail to the universal postal service provider only in so far as they established either: that, in the absence of such a reservation, achievement of that universal service would be precluded; or that that reservation was necessary to enable that service to be carried out under economically acceptable conditions.

Practice Areas

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