Postal operator meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

State aid General Court dismisses action relating to Commission’s decision approving compensation to Česká pošta for universal service obligations The General Court delivered its ruling in Case T-784/22, Zásilkovna v Commission, a challenge to the Commission’s decision of 25 July 2022, which concluded that compensation granted to Česká pošta by the Czech Republic for carrying out the universal postal service obligation for the years 2018-2022 was compatible with the internal market (SA.55208). The General Court rejected the action in full. By its ruling, the Court endorsed the Commission’s approval of the compensation measure. Background Česká pošta, the incumbent postal operator in the Czech Republic, has been designated as the country’s universal postal service provider. Under the universal service obligation (USO), Česká pošta is required, amongst other duties, to make available specified letter and parcel delivery services on each business day throughout the whole territory of the Czech Republic. The General Court upheld this decision on appeal. In January 2018, the Czech authorities pre-notified compensation intended for Česká...

State aid The Commission has cleared, under the EU State aid rules, the following measures: an Italian scheme (valued at €41.5m) in favour of Ephos S.r.l., an Italian SME, to establish a first-of-its-kind manufacturing plant for glass-based photonic chips in the Milan area—see further, Midday Express a Czech measure (amounting to €60m annually) to compensate the postal operator Czech Post for the provision of a public service obligation in Czechia over 2025–2029—see further, Midday Express NOTE—For all live State aid decisions and live formal State aid investigations, see further, EU State aid decisions—ongoing cases tracker Antitrust The Commission has published the public version of its decision in Food delivery services (AT.40795), by which it imposed fines totalling €329m on Delivery Hero and Glovo for their participation in a cartel in the online food delivery sector—see further, decision NOTE—For all live behavioural investigations before the Commission, see further, EU behavioural investigations—ongoing cases tracker Upcoming dates For dates of...

State aid General Court dismisses action regarding Commission’s decision approving capital injections from PostNord Group to Post Danmark The General Court has delivered its ruling in Case T-334/22, Danske Fragtmænd v Commission, concerning a legal action brought against the Commission’s decision of 10 September 2021, which approved capital injections in favour of PostNord and Post Danmark (SA.49668) and is referred to as the Commission’s 2021 decision. The General Court declared the appeal inadmissible. Background Danske Fragtmænd A/S (the applicant) is a company established under Danish law, operating on the Danish market for the road transport of goods and for parcel distribution services. Post Danmark is Denmark’s national postal operator and has been entrusted with the universal service obligation since its establishment in 1995. It is a wholly owned subsidiary of PostNord, which is incorporated in Sweden and owned by the Danish State (40%) and the Swedish State (60%). In October 2017, the Swedish and Danish authorities bilaterally agreed to carry out capital injections in PostNord and in...

ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the Secretary of State may give a retention notice requiring a telecommunications operator to keep ‘relevant communications data’, provided that at least one of...

CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 15 October 2020; it is no longer maintained. See further, timeline Case facts Outline An application for annulment before the General Court concerning the European Commission’s decision of 19 February 2018, which concluded that remuneration paid by the Czech Republic to Česká pošta for carrying out postal services under a USO during 2013–2017 did not amount to unlawful State aid (SA.45281 and SA.44859). Latest developments On 15 October 2020, the General Court delivered its judgment and rejected the action in full. Parties Applicants: Mediaservis s. r. o (now První novinová společnost a.s) (hereafter, Mediaservis) Defendant: European Commission (hereafter, the Commission) Background Background to the dispute On 22 February 2013, the Czech Telecommunications Regulatory Authority appointed Česká pošta s.p. (a company fully owned by the Czech Republic) (hereafter, Česká pošta) as the universal...

CASE HUB NOTE—appeal lodged by Royal Mail before the CAT (1299/1/3/18) ARCHIVED –this archived case hub reflects the position at the date of the decision of 14 August 2018; it is no longer maintained. See further: timeline, and commentary. Case facts Outline Ofcom undertook an Article 102 TFEU and Chapter II inquiry into Royal Mail for an alleged abuse of dominance, said to involve discriminatory treatment of its only competitor in letter delivery, Whistl. Latest developments On 14 August 2018, Ofcom decided that Royal Mail had breached Section 18 of the Competition Act and Article 102 TFEU by abusing its dominant position, and issued a £50m fine. Parties Royal Mail Group Ltd (Royal Mail), the UK’s incumbent postal and courier operator Whistl, formerly TNT Post UK, is a UK postal delivery business. It lodged the complaint against Royal Mail and competed directly by delivering business letters (‘bulk mail’) to addresses in selected parts of the UK, becoming the first to...