# C_2004094EN.01000701.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/7 |
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17.4.2004

EN

Official Journal of the European Union

C 94/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-240/02 (Reference for a preliminary ruling from the Tribunal Supremo): PARTIE 1 v PARTIE 2 (1)

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(Postal Services - Directive 97/67/EC - Services reserved for the providers of the universal postal service - Definition of self-provision - Inclusion of money order services)

(2004/C 94/12)

Language of the case: Spanish

In Case C-240/02: References to the Court under Article 234 EC by the Tribunal Supremo (Spain) for a preliminary ruling in the proceedings pending before that court between Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia (Asempre), Asociación Nacional de Empresas de Externalización y Gestión de Envíos y Pequeña Paquetería and Entidad Pública Empresarial Correos y Telégrafos, Administración General del Estado, on the interpretation of Directive 97/67/EC of the European Parliament and of the Council, of 15 December 1997, on the 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), the Court (Fifth Chamber), composed of: P. Jann (Rapporteur), acting for the President of the Fifth Chamber, C.W.A. Timmermans and S. von Bahr, Judges; A. Tizzano, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 11 March 2004, in which it has ruled:

| 1. | Article 7 of Directive 97/67/EC of the European Parliament and of the Council, of 15 December 1997, on the common rules for the development of the internal market of Community postal services and the improvement of quality of service, read in the light of recital 21 thereof, must be interpreted as meaning that it does not permit self-provision to be subject to the following conditions:






  — | the receiver must be the same person as the sender; |
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1.

Article 7 of Directive 97/67/EC of the European Parliament and of the Council, of 15 December 1997, on the common rules for the development of the internal market of Community postal services and the improvement of quality of service, read in the light of recital 21 thereof, must be interpreted as meaning that it does not permit self-provision to be subject to the following conditions:

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the receiver must be the same person as the sender;

| — | the services must not be provided to third parties in the course of commercial or business activity of the service provider; |
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the services must not be provided to third parties in the course of commercial or business activity of the service provider;

| — | the services must not be provided by the mailbag system or other similar methods; and |
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the services must not be provided by the mailbag system or other similar methods; and

| — | such operations must not disrupt the services reserved to the universal service provider. |
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such operations must not disrupt the services reserved to the universal service provider.

| 2. | Money order services, which consist in making payments through the public postal network to natural or legal persons on behalf of and on the order of others, are not within the scope of Directive 97/67. |
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2.

Money order services, which consist in making payments through the public postal network to natural or legal persons on behalf of and on the order of others, are not within the scope of Directive 97/67.

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(1)  OJ C 202 of 24.08.2002.

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