Dutch regulator loses out in wrangle

TPG has won its long-standing battle with the Netherland’s industry regulator, OPTA (Independent Post and Telecommunications Authority), concerning the post’s system for disclosing financial information.
The case centred on the way TPG allocated revenues and costs over its various activities (conveyance of letters weighing up to 100g under the monopoly, other mandatory services and free services), a system which had already been approved by OPTA in December 2000.
However, the regulator also attached some conditions regarding just how much information TPG should supply in its accounts and, later on, extra demands that,
according to TPG, were in breach of the Netherlands Postal Act, as well as “unnecessarv, inconsistent and unworkable from a business point of view”, the post said in a statement.
The post maintained it had always abided by the country’s postal laws which required TPG to provide ‘a transparent
insight into the results from different categories of its postal activities’, to prevent problems with accusations of monopoly abuse or cross-subsidisation.
In early 2001 ]PG launched a complaint against what it dubbed ‘unnecessary conditions’ attached to the disclosure system.
OPTA responded by maintaining most of the conditions as well as adding yet more requests. TPG decided in October 2001 to challenge OPTA’s decision in court (see Postexpress volume .5 issue 22).
The Court of Administrative Law agreed with TPG that OPT A’s decision was, insofar as the key issues are concerned, in breach of the law and that OPTA does not have the authority to impose these conditions and extra demands.
The court overturned OPTA’s decision and stated that the regulator must issue a new decision regarding the objections of TPG and, in doing so, comply with the court’s ruling. The court has also ordered OPTA to bear the court costs for the appeal.
In response to the court’s decision TPG said in a statement that it was, “pleased the court had recognised its objections and decided to quash OPTA’s decision.”
OPTA has so far failed to comment on the decision or what future demands it will make on TPG wish regards to disclosure.

TPG Press Release: TPG SCORES SIGNIFICANT VICTORY OVER OPTA

20 March 2002

The Court of Administrative Law in Rotterdam today decided in favour of TPG in the appeal that TPG had lodged against the decision of OPTA (Independent Post and Telecommunications Authority) concerning TPG’s system for allocating revenues and costs.

The case centred on TPG’s system for allocating revenues and costs over its various activities (conveyance of letters weighing up to 100 grams under the monopoly, other mandatory services and free services), a system which had already been approved by OPTA in December 2000. However, the regulator also attached some conditions and, later on, extra demands that, according to TPG, are in breach of the Netherlands Postal Act, as well as unnecessary, inconsistent and unworkable from a business point of view. In response, TPG decided in October 2001 to challenge OPTA’s decision in court.

The court agrees with TPG that OPTA’s decision is, insofar as the key issues are concerned, in breach of the law and that OPTA does not have the authority to impose these conditions and extra demands.

The court has overturned OPTA’s decision and has stated that OPTA must issue a new decision regarding the objections of TPG and, in doing so, comply with the court’s ruling. The court has also ordered OPTA to bear the court costs for the appeal.

TPG is pleased that the court has recognised its objections and decided to quash OPTA’s decision.

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