Judgment of the Court (Sixth Chamber) of 17 May 2001 in Case C-340/99 (reference for a preliminary ruling from the Tribunale civile di Genova): TNT Traco SpA v Poste Italiane SpA (Articles 86 and 90 of the EC Treaty (now Articles 82 EC and 86 EC) — Postal services — National legislation making the supply of express mail services by undertakings other than the one responsible for operating the universal service subject to payment of the postal dues normally applicable to the universal service — Allocation of the proceeds of those dues to the undertaking with the exclusive right to operate the universal service)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: Italy, freedom to provide services, interpretation of the law, postal service

14.7.2001

EN

Official Journal of the European Communities

C 200/21

JUDGMENT OF THE COURT

2.

(Sixth Chamber)

of 17 May 2001

That may be proved in accordance with the rules of the domestic
legal system of the Member State concerned, provided that those
rules are not less favourable than those governing similar
domestic actions and do not render virtually impossible or
excessevely difficult the exercise of rights conferred by Com-
munity law.

in Case C-340/99 (reference for a preliminary ruling from
the Tribunale civile di Genova): TNT Traco SpA v Poste
Italiane SpA (1)

(1) OJ C 352 of 4.12.1999.

(Articles 86 and 90 of the EC Treaty (now Articles 82 EC
and 86 EC) — Postal services — National legislation making
the supply of express mail services by undertakings other
than the one responsible for operating the universal service
subject to payment of the postal dues normally applicable to
the universal service — Allocation of the proceeds of those
dues to the undertaking with the exclusive right to operate
the universal service)

(2001/C 200/36)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-340/99: reference to the Court under Article 234
EC from the Tribunale civile di Genova (Civil District Court,
Genoa,
Italy) for a preliminary ruling in the proceedings
pending before that court between TNT Traco SpA and Poste
Italiane SpA, formerly Ente Poste Italiane, and Others — on
the interpretation of Articles 86 and 90 of the EC Treaty (now
Articles 82 EC and 86 EC) — the Court (Sixth Chamber),
J.-
composed of: C. Gulmann, President of the Chamber,
P. Puissochet, R. Schintgen (Rapporteur), F. Macken and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
L. Hewlett, Administrator,
for the Registrar, has given a
judgment on 17 May 2001, in which it has ruled:

1.

In so far as trade between Member States may be affected,
Article 86 of the EC Treaty, read in conjunction with Article 90
thereof (now Articles 82 EC and 86 EC), precludes legislation
of a Member State which grants a private-law undertaking the
exclusive right to operate the universal postal service from
making the right, of any other economic operator to provide an
express mail service not forming part of the universal service
subject to payment of postal dues equivalent to the postage
charge normally payable to the undertaking responsible for the
universal service, unless it can be shown that the proceeds of
such payment are necessary to enable the undertaking to operate
the universal postal service in economically acceptable conditions
and that the undertaking is required to pay the same dues when
itself providing an express mail service not forming part of the
universal service.

JUDGMENT OF THE COURT

of 31 May 2001

in Joined Cases C-122/99 P and C-125/99 P: D and
Kingdom of Sweden v Council of the European Union (1)

(Appeal — Official — Household allowance — Married
official — Registered partnership under Swedish law)

(2001/C 200/37)

(Language of the case: Swedish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-122/99 P and C-125/99 P: D, an official of
the Council of
the European Union, residing in Arvika
(Sweden), represented by J.-N. Louis, G.-F. Parmentier and
V. Peere, avocats, Kingdom of Sweden (Agent: L. Nordling),
supported by Kingdom of Denmark (Agent: J. Molde) and by
Kingdom of the Netherlands (Agents: M.A. Fierstra and J. van
Bakel) — two appeals against the judgment of the Court of
First Instance of the European Communities (Second Chamber)
in Case T-264/97 D v Council [1999] ECR-SC I-A-1 and II-1,
seeking to have that judgment set aside, the other party to the
proceedings being: Council of the European Union (Agents:
M. Bauer and E. Karlsson) — the Court, composed of:
G.C. Rodrı´guez Iglesias, President, C. Gulmann, A. La Pergola,
M. Wathelet and V. Skouris
(Presidents of Chambers),
D.A.O. Edward, J.-P. Puissochet (Rapporteur), P. Jann, L. Sevo´ n,
R. Schintgen, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and C.W.A. Timmermans, Judges; J. Mischo, Advo-
cate General; H. von Holstein, Deputy Registrar,
for the
Registrar, has given a judgment on 31 May 2001, in which it: