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
Date: 2004-04-17
Institutions: Court of Justice
Subjects: interpretation of the law, postal service, provision of services, public service

17.4.2004

EN

Official Journal of the European Union

C 94/7

1. The presentation to customs of goods introduced into the
Community, in terms of Article 4(19) of Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code concerns all goods,
including
those hidden in a secret compartment specially made for
that purpose. The obligation to present goods as set out in
Article 38 of that Code rests, as provided by Article 40 of
the Code, with the driver and co-driver of a lorry who intro-
duced the goods, even though the goods were hidden in the
vehicle without their knowledge.

2. The person who has introduced goods into the customs
territory of the Community without mentioning them in the
notification of presentation to customs is a customs debtor
within the meaning of the first indent of Article 202(3) of
the Community Customs Code.

(1) OJ C 202 of 24.08.2002.

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;

— 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

— 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.

(1) OJ C 202 of 24.08.2002.

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)

(Postal Services — Directive 97/67/EC — Services reserved
for the providers of the universal postal service — Defini-
self-provision — Inclusion of money order
tion of

services)

(2004/C 94/12)

(Language of the case: Spanish)

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

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 Corre-
spondencia (Asempre), Asociación Nacional de Empresas de
Externalización y Gestión de Envíos y Pequeña Paquetería and
Entidad Pública Empresarial Correos y Telégrafos, Administra-
ción 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
Jann (Rapporteur),
acting for the President of the Fifth Chamber, C.W.A. Timmer-
mans and S. von Bahr, Judges; A. Tizzano, Advocate General;
M. Múgica Arzamendi, Principal Administrator, for the Regis-
trar, has given a judgment on 11 March 2004, in which it has
ruled:

(Fifth Chamber), composed of: P.

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 internal market of Community postal
the development of

JUDGMENT OF THE COURT

(Fifth Chamber)

4 March 2004

In Case C-264/02 (Reference for a preliminary ruling from
the Tribunal d'instance de Vienne): Cofinoga Mérignac SA
v Sylvain Sachithanathan (1)

(Directives 87/102/EEC and 90/88/EEC — Consumer credit
— Consumer information — Annual percentage rate of
charge — Variable interest rate — Renewal of an agree-
ment)

(2004/C 94/13)

(Language of the case: French)

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

In Case C-264/02: References to the Court under Article 234
EC by the Tribunal d'instance de Vienne (France) for a preli-
minary ruling in the proceedings pending before that court
between Cofinoga Mérignac SA and Sylvain Sachithanathan, on
the interpretation of Council Directive 87/102/EEC of 22
December 1986 for the approximation of the laws, regulations
and administrative provisions of the Member States concerning
consumer credit (OJ 1987 L 42, p. 48), as amended by Council
Directive 90/88/EEC of 22 February 1990 (OJ 1990 L 61, p.
14), the Court (Fifth Chamber), composed of: P. Jann (Rappor-
teur), 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 4 March 2004, in which it
has ruled: