Spring Global Mail

European Court of Justice ruling may open up further cross-border mail opportunities for Spring Global Mail

Amsterdam, 22 November 2007 – On 15 November 2007, the European Court of Justice issued a ruling about the interpretation of the EU regulation that allows Posts to keep international mail under their monopoly. If this ruling is taken over by the Spanish Supreme Court, this will open up further opportunities for Spring Global Mail and other postal service providers in cross border mail services throughout Europe.

This preliminary ruling is the result of a case pending in the Spanish Supreme Court against International Mail Spain SL (a subsidiary of Spring Global Mail) in which Spanish postal operator Correos contend that IMS have breached their monopoly on outbound international mail services. International Mail Spain SL placed letterboxes in hotels, camp sites, apartment blocks and supermarkets in major Spanish tourist locations. This allowed tourists to send their postcards abroad using special stamps bought with the postcards.

According to the Spanish Supreme Court, resolution of the dispute mainly depends on the interpretation of Article 7.2 of the EC’s First Postal Directive. This regulation allows member states to reserve cross border mail to the extent necessary for maintaining the universal postal service, i.e. that a letter is always delivered to any address, even in the most remote areas of the country.

The Spanish Supreme Court doubted if factors other than financial stability needed to be considered when reserving a monopoly on international outbound mail. One of the other factors suggested by the Spanish Supreme Court included the degree of postal sector liberalization at the time the reservation was made.

The European Court of Justice ruling states that Posts may only reserve cross border mail services if absence of such a monopoly would prevent universal postal delivery. The ruling also states that such a monopoly is only permissible when it is necessary for carrying out the service under economically acceptable conditions.

This effectively means that the Spanish regulator and Correos would need to prove that the universal postal service would be endangered if the monopoly on international mail services ceased to exist. They would also have to prove that such a monopoly is necessary to enable the universal service to be carried out under economically acceptable conditions. It will not be easy for Posts in good financial health to provide this proof.

Reader enquiries

Spring Global Mail
G3 Worldwide Mail NV
Paasheuvelweg 6
1105BH Amsterdam
The Netherlands

+31 20 500 8000

mark.eldridge@​springglobalmail.com

www.springglobalmail.com


Notes for editors


About Spring Global Mail

Spring Global Mail (G3 Worldwide Mail NV) is a joint venture company, formed in 2001 by three of the world’s leading postal organisations – TNT of the Netherlands, Royal Mail Group of the United Kingdom and Singapore Post. Headquartered in Amsterdam and with more than 1,300 employees worldwide, Spring Global Mail provides creative, reliable and cost effective solutions for all types of businesses sending international mail.

For more information, please visit our website: www.springglobalmail.com

Editorial enquiries

Mark Eldridge
Spring Global Mail

+31 205 008 215

mark.eldridge@​springglobalmail.com

Nathalie Chaimbault
EMG

+31 164 317 021

nchaimbault@​emg.nl

Peter Ibes
EMG

+31 164 317 012

pibes@​emg.nl

 

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