# C_2019187EN.01001901.xml

| 3.6.2019 | EN | Official Journal of the European Union | C 187/19 |
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3.6.2019

EN

Official Journal of the European Union

C 187/19

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Judgment of the Court (Fourth Chamber) of 27 March 2019 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Mariusz Pawlak v Prezes Kasy Rolniczego Ubezpieczenia Społecznego

(Case C-545/17) (1)

(Reference for a preliminary ruling - Internal market of postal services - Directives 97/67/EC and 2008/6/EC - Article 7(1) - Definition of ‘exclusive or special rights for the establishment and provision of postal services’ - Article 8 - Right of the Member States to organise the registered mail service used in the course of judicial proceedings - Time-limit for lodging a procedural document before a court - Interpretation of national law in conformity with EU law - Limits - Direct effect relied on by an emanation of a Member State in proceedings between it and an individual)

(2019/C 187/21)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellant: Mariusz Pawlak

Respondent: Prezes Kasy Rolniczego Ubezpieczenia Społecznego

Operative part of the judgment

| 1. | The first sentence of Article 7(1) 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 conjunction with Article 8 of Directive 97/67/EC, must be interpreted as precluding a rule of national law which recognises only the posting of a procedural document in a post office of the sole operator designated to provide the universal postal service as being equivalent to lodging a procedural document before the relevant court, without there being an objective justification based on grounds of public policy or public security. |
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1.

The first sentence of Article 7(1) 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 conjunction with Article 8 of Directive 97/67/EC, must be interpreted as precluding a rule of national law which recognises only the posting of a procedural document in a post office of the sole operator designated to provide the universal postal service as being equivalent to lodging a procedural document before the relevant court, without there being an objective justification based on grounds of public policy or public security.

| 2. | A public authority, regarded as an emanation of a Member State, cannot rely on Directive 97/67, as amended by Directive 2008/6, as such, against an individual. |
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2.

A public authority, regarded as an emanation of a Member State, cannot rely on Directive 97/67, as amended by Directive 2008/6, as such, against an individual.

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(1)  OJ C 13, 15.1.2018.

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