标题:A courier service as a postal universal service – can a court asses the correctness of a legal qualification of a service of a courier company that was not contested by the company in an earlier decision taken by the postal regulator? Case comment to the judgment of the Supreme Court of 25 April 2007 – Courier services (Ref. No. III SK 2/07)
摘要:The President of the Polish Regulatory Office for Telecommunication and Post (hereafter, URTiP) issued in 1994 a decision prohibiting the shipping and transport company A., which was previously granted a concession for the provision of certain shipping services, from providing postal services (collection, transport, and delivery of inland post under the 500 grams weight limit) charged at a “per unit” fee that was five times lower than the fee charged by the public operator of universal postal services for the collection, transport, and delivery of postal items of the lowest weigh and fastest delivery category described in the public operator’s tariff. The decision was adopted under the Communications Law Act of 23 November 19901 (Prawo Komunikacyjne, hereafter, PK), which was later replaced by the current Postal Law Act of 12 June 20032 (Prawo Pocztowe, hereafter, PP). Company A. did not appeal this decision