# C_2016343EN.01002001.xml

| 19.9.2016 | EN | Official Journal of the European Union | C 343/20 |
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19.9.2016

EN

Official Journal of the European Union

C 343/20

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 11 May 2016 — Aicai Associazione Italiana Corrieri Aerei Internazionali (AICAI) and Others v Autorità per le Garanzie nelle Comunicazioni, Ministero dello Sviluppo Economico

(Case C-260/16)

(2016/C 343/31)

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Parties to the main proceedings

Applicants: Aicai Associazione Italiana Corrieri Aerei Internazionali, Società Dhl Express (Italy) Srl, Federal Express Europe Inc., Società United Parcel Service Italia Ups Srl

Applicants:

Defendants: Autorità per le Garanzie nelle Comunicazioni, Ministero dello Sviluppo Economico (Ministry of Economic Development)

Defendants:

Questions referred

Questions referred

| 1. | Does EU law, in particular Article [2].1, 2.1a and 2.6 of Directive 97/67/EC, (1) as supplemented and amended by Directive 2008/6/EC, (2) preclude the application of national provisions, in particular Article 2(a) and (f) of Legislative Decree No [261]/1999, and Article 1(1)(g) and (r), in conjunction with each other and subparagraph (i), of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’ set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015 and the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they are intended to bring the services of road hauliers, freight-forwarders and express couriers also within the scope of postal services? |
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1.

Does EU law, in particular Article [2].1, 2.1a and 2.6 of Directive 97/67/EC, (1) as supplemented and amended by Directive 2008/6/EC, (2) preclude the application of national provisions, in particular Article 2(a) and (f) of Legislative Decree No [261]/1999, and Article 1(1)(g) and (r), in conjunction with each other and subparagraph (i), of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’ set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015 and the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they are intended to bring the services of road hauliers, freight-forwarders and express couriers also within the scope of postal services?

1

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| 2. | Does EU law, in particular Articles 9(1) and [2].19 of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, and the principles of proportionality and reasonableness, preclude the application of national provisions, in particular Article 6(1) of Legislative Decree No [261]/1999 and Article 8 of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’ set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015 and the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they impose on the suppliers of the services of road hauliers, freight-forwarders and express couriers the requirement to obtain a general authorisation in addition to the authorisation required to guarantee compliance with the essential requirements regarding the supply of postal services? |
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2.

Does EU law, in particular Articles 9(1) and [2].19 of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, and the principles of proportionality and reasonableness, preclude the application of national provisions, in particular Article 6(1) of Legislative Decree No [261]/1999 and Article 8 of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’ set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015 and the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they impose on the suppliers of the services of road hauliers, freight-forwarders and express couriers the requirement to obtain a general authorisation in addition to the authorisation required to guarantee compliance with the essential requirements regarding the supply of postal services?

| 3. | Does EU law, in particular Articles 7(4) and 9(2) of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, preclude the application of national provisions, in particular Articles 6(1bis) and 10(2) of Legislative Decree No 261/1999, and Articles 11(1)(f) and 15(2) of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’, set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015, and Article 9 of the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’ referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they impose on the suppliers of services of road hauliers, freight-forwarders and express couriers the burden of contributing to the compensation fund for the universal service? |
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3.

Does EU law, in particular Articles 7(4) and 9(2) of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, preclude the application of national provisions, in particular Articles 6(1bis) and 10(2) of Legislative Decree No 261/1999, and Articles 11(1)(f) and 15(2) of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’, set out in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015, and Article 9 of the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’ referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they impose on the suppliers of services of road hauliers, freight-forwarders and express couriers the burden of contributing to the compensation fund for the universal service?

bis

| 4. | Does EU law, in particular Article 9(2) of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, precludes the application of national provisions, in particular Articles 6 and 10 of Legislative Decree No 261/1999, and Articles 11(1)(f) and 15(2) of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’, referred to in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015, and Article 9 of the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they do not contain any assessment as to those cases in which the contribution to the compensation fund in respect of universal service costs can be described as appropriate, and do not lay down conditions for application which differ according both to the subjective circumstances of the contributors and to the markets? |
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4.

Does EU law, in particular Article 9(2) of Directive 97/67/EC, as supplemented and amended by Directive 2008/6/EC, precludes the application of national provisions, in particular Articles 6 and 10 of Legislative Decree No 261/1999, and Articles 11(1)(f) and 15(2) of the ‘Regulation governing qualifying certificates for the provision of postal services to the public’, referred to in Annex A to Resolution AGCOM 129/15/CONS of 23 March 2015, and Article 9 of the related ‘Rules governing the procedure for the issue of qualifying certificates for the provision of postal services to the public’, referred to in the Decree of the Ministero dello Sviluppo Economico of 29 July 2015, in so far as they do not contain any assessment as to those cases in which the contribution to the compensation fund in respect of universal service costs can be described as appropriate, and do not lay down conditions for application which differ according both to the subjective circumstances of the contributors and to the markets?

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(1)  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).

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(2)  Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services (OJ 2008 L 52, p. 3).

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