CELEX: C2001/200/36
Language: en
Date: 2001-07-14 00:00:00
Title: 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)

14.7.2001                 EN                     Official Journal of the European Communities                                           C 200/21
                  JUDGMENT OF THE COURT                                     2.    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
                           (Sixth Chamber)                                        domestic actions and do not render virtually impossible or
                                                                                  excessevely difficult the exercise of rights conferred by Com-
                                                                                  munity law.
                            of 17 May 2001
in Case C-340/99 (reference for a preliminary ruling from                   (1) OJ C 352 of 4.12.1999.
the Tribunale civile di Genova): TNT Traco SpA v Poste
                            Italiane SpA (1)
(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                                   JUDGMENT OF THE COURT
                         the universal service)
                                                                                                       of 31 May 2001
                           (2001/C 200/36)
                                                                            in Joined Cases C-122/99 P and C-125/99 P: D and
                                                                             Kingdom of Sweden v Council of the European Union (1)
                     (Language of the case: Italian)
                                                                            (Appeal — Official — Household allowance — Married
                                                                                official — Registered partnership under Swedish law)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                       (2001/C 200/37)
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                                      (Language of the case: Swedish)
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),                      (Provisional translation; the definitive translation will be published
composed of: C. Gulmann, President of the Chamber, J.-                                          in the European Court Reports)
P. Puissochet, R. Schintgen (Rapporteur), F. Macken and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
                                                                            In Joined Cases C-122/99 P and C-125/99 P: D, an official of
L. Hewlett, Administrator, for the Registrar, has given a
                                                                            the Council of the European Union, residing in Arvika
judgment on 17 May 2001, in which it has ruled:
                                                                            (Sweden), represented by J.-N. Louis, G.-F. Parmentier and
                                                                            V. Peere, avocats, Kingdom of Sweden (Agent: L. Nordling),
1.    In so far as trade between Member States may be affected,             supported by Kingdom of Denmark (Agent: J. Molde) and by
      Article 86 of the EC Treaty, read in conjunction with Article 90      Kingdom of the Netherlands (Agents: M.A. Fierstra and J. van
      thereof (now Articles 82 EC and 86 EC), precludes legislation         Bakel) — two appeals against the judgment of the Court of
      of a Member State which grants a private-law undertaking the          First Instance of the European Communities (Second Chamber)
      exclusive right to operate the universal postal service from          in Case T-264/97 D v Council [1999] ECR-SC I-A-1 and II-1,
      making the right, of any other economic operator to provide an        seeking to have that judgment set aside, the other party to the
      express mail service not forming part of the universal service        proceedings being: Council of the European Union (Agents:
      subject to payment of postal dues equivalent to the postage           M. Bauer and E. Karlsson) — the Court, composed of:
      charge normally payable to the undertaking responsible for the        G.C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
      universal service, unless it can be shown that the proceeds of        M. Wathelet and V. Skouris (Presidents of Chambers),
      such payment are necessary to enable the undertaking to operate       D.A.O. Edward, J.-P. Puissochet (Rapporteur), P. Jann, L. Sevón,
      the universal postal service in economically acceptable conditions    R. Schintgen, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
      and that the undertaking is required to pay the same dues when        Rodrigues and C.W.A. Timmermans, Judges; J. Mischo, Advo-
      itself providing an express mail service not forming part of the      cate General; H. von Holstein, Deputy Registrar, for the
      universal service.                                                    Registrar, has given a judgment on 31 May 2001, in which it: