Reference for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 3 July 2006 — Deutsche Post AG v Bundesrepublik Deutschland, Third party: Marketing Service Magdeburg GmbH

(Case C-287/06)

(2006/C 261/11)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicant: Deutsche Post AG

Defendant: Bundesrepublik Deutschland

Third party: Marketing Service Magdeburg GmbH

Question referred

Is Article 47(2), in conjunction with Article 95 EC, the fifth indent of Article 12, and Article 7(1) of Directive 97/67/EC, in the version as amended by Directive 2002/39/EC of the European Parliament and of the Council (1), to be interpreted as meaning that, where a universal service provider applies special tariffs for business customers who give postal items to the sorting office pre-sorted for the postal network, that universal service provider is obliged to apply those special tariffs also to undertakings which collect postal items from the sender and give them pre-sorted for the postal network at the same access point and on the same terms and conditions as business customers, without the universal service provider being permitted to refuse to do so, having regard to its obligation to provide a universal service?

(1)  OJ 2002 L 176, p. 21.