Case C-162/06: Judgment of the Court (First Chamber) of 15 November 2007 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — International Mail Spain SL v Administración del Estado, Correos (Directive 97/67/EC — Common rules for the development of the internal market in postal services — Liberalisation of postal services — Possibility to reserve cross-border post to the universal postal service provider to the extent necessary to ensure the maintenance of universal service )
Date: 2007-11-15
Institutions: Court of Justice
Subjects: interpretation of the law, liberalisation of the market, postal service, public service, universal service

C 8/4

EN

Official Journal of the European Union

12.1.2008

2. The transport by a private individual of 3 000 litres of heating oil
in three ‘intermediate bulk containers’ on board a van constitutes
an atypical mode of transport within the meaning of Article 9(3)
of Directive 92/12, as amended by Directive 92/108.

3. Article 7(4) of Directive 92/12, as amended by Directive 92/108,
does not preclude the legislation of a Member State of destination
in which excise duty is chargeable, as allowed under Article 9(3) of
that directive, from imposing on any private individual who has
personally acquired, for his own use, heating oil in another Member
State where it has been made available for consumption, and trans-
ported the product himself to the Member State of destination by
means of an atypical mode of transport, within the meaning of
Article 9(3), to have lodged a guarantee to ensure payment of the
excise duties and to have an accompanying document as well as a
document confirming lodgement of the guarantee of payment of the
excise duties.

(1) OJ C 271, 29.10.2005.

Judgment of the Court (First Chamber) of 15 November
2007 (reference for a preliminary ruling from the Tribunal
Supremo (Spain)) — International Mail Spain SL v
Administración del Estado, Correos

(Case C-162/06) (1)

(Directive 97/67/EC — Common rules for the development of
the internal market in postal services — Liberalisation of
postal services — Possibility to reserve cross-border post to
the universal postal service provider ‘to the extent necessary to
ensure the maintenance of universal service’)

(2008/C 8/06)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Appellant: International Mail Spain SL

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, prior to its amendment by Directive 2002/39/EC of the
European Parliament and of
the Council of 10 June 2002
(OJ 1998 L 15, p. 14) — Postal services reserved to universal
service providers — Cross-border mail — Assessment criteria
— Account taken solely of the effect on the financial equili-
brium of the universal service provider

Operative part of the judgment

Article 7(2) of Directive 97/67/EC of the European Parliament and of
the Council of 15 December 1997 on common rules for the develop-
ment of the internal market of Community postal services and the
improvement of quality of service must be interpreted as allowing
Member States to reserve cross-border mail to the universal postal
service provider only in so far as they establish

— that,

in the absence of such a reservation, achievement of that

universal service would be precluded, or

— that

that reservation is necessary to enable that service to be

carried out under economically acceptable conditions.

(1) OJ C 143, 17.6.2006.

Judgment of the Court (Fifth Chamber) of 15 November
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-59/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/109/EC — Status of third-country nationals who are
to transpose within the
long-term residents — Failure

prescribed period)

(2008/C 8/07)

Language of the case: Spanish

Respondents: Administración del Estado, Correos

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A. Alcover San Pedro,
Agents)

Reference for a preliminary ruling — Tribunal Supremo —
the
Interpretation of Article 7(2) of Directive 97/67/EC of

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)