German PO Box defiance backed
Competing courier firms cannot insist Deutsche Post accept their overnight delivery packages at its P0 boxes, despite an order from the industry’s regulatory body. The German Cologne Administrative Court has decided during fast-track proceedings that Deutsche Post is not obliged to insert any items posted the previous day and delivered by alternative delivery companies into P0 boxes, which it has the monopoly on. Commenting on the decision the post said:
“The court has thus confirmed Deutsche Post’s legal view and has nullified an order issued by the Authority for Telecommunications and Posts.” The Regulatory Authority had previously told Deutsche Post that it is obliged to insert competitors’ letters with P0 box addresses into the relevant P0 boxes and made no distinction as to the day on which the items to
be inserted were posted. Deutsche Post argued that it / could not be compelled to / insert items posted the previous day. Deutsche Post s9id this view was also reflected in the court’s decision, whfrh deemed the overnight licences issued to competitors by the regulatory authority “obviously unluwful”. The administrative court said it would be unreasonable to expect Deutsche Post to insert overnight items into its P0 boxes because this means it would inevitably become involved in obviously unlawful services provided by its competitors. With this decision, the statement said: “The court is abiding by its previous judicial decisions according to which delivery the following day does not constitute a higher quality postal service. Overnight licences therefore infringe upon Deutsche Post’s exclusive licence that is enshrined in law.”