Reference for a preliminary ruling from the Tribunal Supremo lodged on 27 March 2006 — International Mail Spain SL v Administración del Estado — Correos

(Case C-162/06)

(2006/C 143/43)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: International Mail Spain SL

Defendant: Administración del Estado — Correos

Question referred

‘Does Article 7(2) [prior to its amendment by Directive 2002/39/EC] of Directive 97/67/EC (1) 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, which authorises Member States to include cross-border mail in the reserved postal services, allow them to establish that reservation only insofar as they are able to prove that, without it, the economic equilibrium of the universal service provider is at risk, or, instead, does it also allow them to retain it for other reasons, among them reasons of expediency, relating to the overall situation in the postal sector, including the degree of liberalisation in that sector at the time the reservation is decided?’

(1)  OJ L 15, 21.01.1998, p. 14.