International Mail Spain SL v Administración del Estado and Correos.
Date: 2007-11-15
19. In that regard, it should be noted that, in proceedings brought under Article 234 EC, it is not for the Court to rule on the compatibility of national rules with provisions of Community law (see, inter alia, Case C-130/93 Lamaire [1994] ECR I-3215, paragraph 10, and Case C-506/04 Wilson [2006] ECR I-8613, paragraph 34). Furthermore, under the system of judicial cooperation established by that article, the interpretation of national rules is a matter for the courts of the Member States and not for the Court of Justice (see, inter alia, Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 7, and Wilson , paragraph 34).
20. By contrast, the Court does have jurisdiction to supply the national court with all the guidance as to the interpretation of Community law necessary to enable that court to rule on the compatibility of the national rules with the provisions of Community law (see, inter alia, Lamaire , paragraph 10, and Wilson , paragraph 35).
23. In that regard, it must be recalled that, in proceedings under Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C-119/05 Lucchini [2007] ECR I-0000, paragraph 43 and the case-law cited).
24. In addition, the mere fact that the Court is called upon to give a decision in abstract and general terms cannot have the effect of rendering a reference for a preliminary ruling inadmissible. It is one of the essential characteristics of the system of judicial cooperation established under Article 234 EC that the Court replies in rather abstract and general terms to a question on the interpretation of Community law referred to it, while it is for the referring court to give a ruling in the dispute before it, taking into account the Court’s reply.
34. According to that case-law, the Member States may confer on the universal postal service provider, as an undertaking entrusted to operate services of general economic interest, exclusive rights likely to restrict competition or even exclude all competition when that is necessary in order to allow it to perform its task of general interest and in particular to have the benefit of economically acceptable conditions (Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 to 16).
35. In that regard, it is clear from the same case-law that it is not necessary that the financial balance or economic viability of the undertaking entrusted with the operation of a service of general economic interest should be threatened. It is sufficient that, in the absence of the rights at issue, it would not be possible for the undertaking to perform the particular tasks entrusted to it, or that maintenance of those rights is necessary to enable the holder of them to perform tasks of general economic interest which have been assigned to it under economically acceptable conditions (Case C-340/99 TNT Traco [2001] ECR I-4109, paragraph 54).
36. In that context, the Court has specified that the obligation on the part of the undertaking entrusted with that task to perform its services under conditions of economic equilibrium presupposes that it will be possible to offset less profitable sectors against the profitable sectors and hence justifies a restriction of competition from individual undertakings where the economically profitable sectors are concerned ( Corbeau , paragraph 17).
49. As regards the burden of proof with regard to the need to reserve cross-border mail to the provider of the universal postal service, in order to maintain that service, it is clear from the wording of Article 7(2) of Directive 97/67 that this rests with the Member State which makes use of the option to reserve or, where appropriate, the service provider. That interpretation is supported by the fact that, in the context of Article 86(2) EC, it is incumbent on the Member State or the undertaking which seeks to rely on that provision to show that the conditions for application of that provision are fulfilled ( TNT Traco , paragraph 59).
50. Having regard to all of the foregoing, the answer to the question referred must be that Article 7(2) of Directive 97/67 is to 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.
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