Case C‑368/15

Proceedings brought by Ilves Jakelu Oy

(Request for a preliminary ruling from the Korkein hallinto-oikeus)

(Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Freedom to provide services — Postal services — Notions of universal service and essential requirements — General and individual authorisations — Authorisation to provide postal services under individually negotiated contracts — Conditions imposed)

Summary — Judgment of the Court (Sixth Chamber), 15 June 2017

1. Freedom to provide services—Postal services—Directive 97/67—Conditions governing the provision of postal services and access to the network—Services not falling within the scope of the universal service—Meaning—Postal services not involving the permanent provision of a postal service of specified quality at all points in their territory at affordable prices for all users—Included—Services which may be subjected only to the issuing of a general authorisation

   (European Parliament and Council Directive 97/67, Art. 9(1))

2. Freedom to provide services—Postal services—Directive 97/67—Conditions governing the provision of postal services and access to the network—Services not falling within the scope of the universal service—Granting authorisations in order to guarantee compliance with the essential requirements—Possibility of making the grant subject to certain requirements concerning the quality, availability and performance of the relevant services

   (European Parliament and Council Directive 97/67, Arts 9(1) and 2)

1.  Article 9(1) of Directive 97/67/EC of the 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, as amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, must be interpreted to the effect that a postal items service such as the one at issue in the main proceedings does not fall within the scope of the universal service if it does not involve the permanent provision of a postal service of specified quality at all points in the territory at affordable prices for all users. The provision of a postal items service which does not fall within the scope of the universal service may be subjected only to the issuing of a general authorisation.

   It should be pointed out that, even though it is clear from recital 33 of Directive 2008/6 that Member States should be allowed to use general authorisations and individual licences whenever justified and proportionate to the objective pursued, the fact remains that Article 9(1) of Directive 97/67, unlike Article 9(2), does not allow for the provision of postal services to be made subject to the issuing of an individual licence.

   (see paras 28, 30, operative part 1)

2.  Article 9(1) of Directive 97/67, as amended by Directive 2008/6, must be interpreted to the effect that the provision of postal services not falling within the scope of the universal service may be made subject to requirements such as those referred to in Article 9(2), second subparagraph, second indent, of that directive, as amended.

   (see para. 34, operative part 2)