# C_2013233EN.01000501.xml

| 10.8.2013 | EN | Official Journal of the European Union | C 233/5 |
| --- | --- | --- | --- |

10.8.2013

EN

Official Journal of the European Union

C 233/5

---

Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 21 June 2013 — bpost SA v Institut belge des services postaux et des télécommunications (IBPT)

(Case C-340/13)

2013/C 233/08

Language of the case: French

Referring court

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Applicant: bpost SA

Applicant:

Defendant: Institut belge des services postaux et des télécommunications (IBPT)

Defendant:

Questions referred

Questions referred

| 1. | Is the fifth indent of Article 12 of Directive 1997/67/EC, (1) as amended by Directives 2002/39/EC (2) and 2008/6/EC (3), to be interpreted as imposing an obligation of non-discrimination, particularly in relations between the universal service provider and intermediaries, with regard to the operational discounts granted by that provider, the pure quantity discounts remaining subject to the application of the fourth indent of Article 12? |
| --- | --- |

1.

Is the fifth indent of Article 12 of Directive 1997/67/EC, (1) as amended by Directives 2002/39/EC (2) and 2008/6/EC (3), to be interpreted as imposing an obligation of non-discrimination, particularly in relations between the universal service provider and intermediaries, with regard to the operational discounts granted by that provider, the pure quantity discounts remaining subject to the application of the fourth indent of Article 12?

1

2

3

| 2. | If the reply to the first question is in the affirmative, does the pure quantity discount accord with the obligation of non-discrimination laid down under the fourth indent of Article 12 where the differentiation in price which it creates is based on an objective factor having regard to the relevant geographical and services market and it does not create an effect of exclusion or of inducing loyalty? |
| --- | --- |

2.

If the reply to the first question is in the affirmative, does the pure quantity discount accord with the obligation of non-discrimination laid down under the fourth indent of Article 12 where the differentiation in price which it creates is based on an objective factor having regard to the relevant geographical and services market and it does not create an effect of exclusion or of inducing loyalty?

| 3. | If the reply to the first question is in the negative, does the quantity discount granted to the intermediary breach the principle of non-discrimination under the fifth indent of Article 12 where the its size does not equal the discount granted to a sender who posts an equivalent number of items, but equals all the discounts granted to all the senders on the basis of the number of items of each sender whose postal items are consolidated? |
| --- | --- |

3.

If the reply to the first question is in the negative, does the quantity discount granted to the intermediary breach the principle of non-discrimination under the fifth indent of Article 12 where the its size does not equal the discount granted to a sender who posts an equivalent number of items, but equals all the discounts granted to all the senders on the basis of the number of items of each sender whose postal items are consolidated?

---

(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).

1

(2)  Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services (OJ 2002 L 176, p. 21).

2

(3)  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)

3

---