On 13 November 2007, the European Court of Justice (ECJ) dismissed a claim brought by the European Commission (Commission) against Ireland (case C-507/03). The Irish Government had entrusted to the Irish postal service, An Post, services relating to the payment of social benefits without going through any form of prior advertising. The Commission argued that the failure to advertise the contract breached Articles 43 & 49 of the EC Treaty on the free movement of services. The Irish Government took the view that, since the services fell within the non-priority category listed in Annex 1B in the public services directive (Directive 92/50), there was no obligation to carry out an EU-wide tender and this exemption took priority over the general rules under the Treaty. The ECJ held that, the provisions exempting services within the ambit of Annex 1B from prior-advertising in the Official Journal, cannot be interpreted as precluding the application of the free movement rules under Article 43 & 49 EC where it can be demonstrated that the contracts would be of cross-border interest. However, the Court held that the Commission had failed to provide evidence that there was cross-border interest in this contract and considered that a statement that there was a complaint was not of itself sufficient to constitute such evidence.