Criminal proceedings against Paul Corbeau. (Competition) [1993] EUECJ C-320/91 (19 May 1993)

Criminal proceedings against Paul Corbeau. (Competition) [1993] EUECJ C-320/91 (19 May 1993)

Legislation conferring exclusive postal rights and prohibiting specific dissociable services is contrary to Article 90 EEC Treaty if those services do not compromise the economic equilibrium of the general interest service; national courts must assess whether the services in question meet this criterion.

Source-derived case information.

Citation
[1993] EUECJ C-320/91
Parties
Defendant: Paul Corbeau; Complainant: Régie des Postes
Jurisdiction
European Union
Judgment Date
19 May 1993
Procedural Posture
Criminal / Preliminary Ruling Referral
Outcome
Preliminary ruling: national legislation prohibiting specific dissociable services is contrary to Article 90 EEC Treaty if economic equilibrium is not compromised.
Legal Topics
Postal Monopoly, Exclusive Rights, Services of General Economic Interest, Dominant Position, Competition Restriction
Competition Law EU Law Public Service Law Postal Monopoly Exclusive Rights Services of General Economic Interest Dominant Position Competition Restriction

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Parties

Paul Corbeau

Defendant

Régie des Postes

Complainant

Procedural Posture

Criminal / Preliminary Ruling Referral

Legal Issues

  1. 1 Compatibility of Belgian postal monopoly with Articles 86 and 90 EEC Treaty
  2. 2 Application of competition law to statutory monopolies
  3. 3 Necessity of competition restriction for services of general economic interest

Ratio Decidendi

Legislation conferring exclusive postal rights and prohibiting specific dissociable services is contrary to Article 90 EEC Treaty if those services do not compromise the economic equilibrium of the general interest service; national courts must assess whether the services in question meet this criterion.

Court Disposition

Preliminary ruling: national legislation prohibiting specific dissociable services is contrary to Article 90 EEC Treaty if economic equilibrium is not compromised.

Orders

  • National court to determine if the services in question compromise the economic equilibrium of the general interest service.
  • Costs for governments and Commission not recoverable; costs for main parties to be decided by national court.