CELEX: C1997/181/13
Language: en
Date: 1997-06-14 00:00:00
Title: Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main by order of that court of 25 March 1997 in the case of Deutsche Post AG v. Citicorp Kartenservice GmbH (Case C-148/97)

14 . 6 . 97            EN                   Official Journal of the European Communities                                 No C 181 /7
      collected pursuant to the Universal Postal Convention                  postal service in Member State A to demand internal
      and/or the CEPT Agreement:                                            rates for the delivery of letters sent in Member State B
                                                                            to addressees resident in Member State A or to refuse
                                                                            to deliver such letters if internal rates are not paid is
                                                                            contrary to the guarantee of the free movement of
      Is the second paragraph of Article 5 of the EC Treaty                 goods where the content of the letters is determined by
      to be interpreted as meaning that a law of Member                     an undertaking in Member State A and transmitted by
      State A ratifying the Conventions of the Universal                    electronic data transfer to an undertaking having its
      Postal Union of 14 December 1989 is completely                        seat in Member State B in order to be printed out,
      inapplicable or only in so far as payment of internal                 prepared for dispatch and handed over to the postal
      rates in addition to the postal charges paid in Member                service there ?
      State B and/or in addition to the terminal dues
      collected pursuant to the Universal Postal Convention
      or the CEPT Agreement may be demanded or enforced
      by refusing to deliver the mail in question ?
                                                                        3 . In the event that the answer to the above questions
                                                                            submitted for a preliminary ruling discloses an
                                                                            infringement of community law only because the
                                                                            postal service of Member State A receives or can
                                                                            enforce, by refusing to deliver mail, payment of
                                                                            internal rates in addition to the postal charges paid in
                                                                            Member State B or in addition to the terminal dues
                                                                            collected pursuant to the Universal Postal Convention
                                                                            and/or the CEPT Agreement:
Reference for a preliminary ruling from the Oberlandesge­
richt Frankfurt am Main by order of that court of
25 March 1997 in the case of Deutsche Post AG v. Citi­
                   corp Kartenservice GmbH
                                                                            Is the second paragraph of Article 5 of the EC Treaty
                         ( Case C-148/97 )                                  to be interpreted as meaning that a law of Member
                                                                            State A ratifying the Conventions of the Universal
                           ( 97/C 181 / 13 )                                Postal Union of 14 December 1989 is completely
                                                                            inapplicable or only in so far as payment of internal
                                                                            rates in addition to the postal charges paid in Member
                                                                            State B and/or in addition to the terminal dues
Reference has been made to the Court of Justice of the                      collected pursuant to the Universal Postal Convention
European Communities by the Oberlandesgericht ( Higher                      or the CEPT Agreement may be demanded or enforced
Regional Court ) Frankfurt am Main by order of that court                   by refusing to deliver the mail in question ?
of 25 March 1997 in the case of Deutsche Post AG v. Citi­
corp Kartenservice GmbH on the following questions:
                                                                        4 . Is the answer to Questions 1 , 2 and 3 altered by the
                                                                            fact that the undertaking having its seat in Member
1 . Must Article 90 of the EC Treaty be interpreted as                      State B which is responsible for printing out mailings,
      meaning that, in so far as a law ratifying the                        preparing them for dispatch and delivering them to the
      Conventions     of    the  Universal   Postal    Union   of
                                                                            postal service in that country is linked, as a member of
      14 December 1989 creates the right for the postal                     the same group, to the undertaking in Member State A
      service of Member State A to demand internal rates
                                                                            which determines the content of the mailings ?
      for the delivery of letters sent in Member State B or to
      refuse delivery if internal rates are not paid, where the
      content of the letters is determined by an undertaking
      in Member State A and transmitted by electronic data
      transfer to an undertaking having its seat in Member              5 . Does the answer to Questions 1 , 2 and 3 depend on
      State B in order to be printed out, prepared for                      whether the undertaking having its seat in Member
      dispatch and handed over to the postal service there,                 State B which is responsible for printing out mailings,
      that law constitutes a State measure by which,                        preparing them for dispatch and delivering them to the
      contrary to Article 90 ( 1 ) of the EC Treaty, a measure              postal service in that country operates only for the
      was adopted conflicting with Article 86 of the EC                     undertaking in Member State A which determines the
     Treaty which does not fall within the exceptions                       content of the mailings or for a number of principals
     contemplated by Article 90 ( 2 )?                                      of the same type ?
2 . Are Articles 30 et seq. and 59 et seq. of the EC Treaty
     to be interpreted as meaning that the power of the