The Trade and Industry Appeals Tribunal cancels PostNLs fine for late letter delivery

The ACM imposed a fine of 2 million euros on PostNL. The fine was related to the delivery of mail that falls under the Universal Postal Service (UPD). This is a basic package of postal services for, among others, consumers. PostNL is legally obliged to perform the UPD. One of the obligations that applies when performing the UPD is that PostNL must deliver letters in at least 95% of cases the next day after presentation, unless it is a Sunday, Monday or official holiday. According to the ACM, PostNL did not meet this obligation in 2019. The ACM based this on a result of 94.34%.

This percentage is based on a test letter investigation. However, in this investigation, it was not determined for 0.6% of the letters whether the letters were delivered late due to a delay in delivery by PostNL. The cause could also lie with the sender or recipient of the letter. The CBb therefore considers that these letters should be excluded from the measurement. Because those letters no longer count as late delivered and because a confidence interval is taken into account, PostNL does meet the 95% standard. Therefore, there is no violation.

The outcome of the appeal procedure is that the fine for PostNL is cancelled.

This ruling is final; the Trade and Industry Appeals Tribunal is the final judge in this case. The full ruling can be consulted via the link below. In case of discrepancies between this press release and the full ruling, the latter is decisive.

For further information, please contact: Celeste de Wit, press office department, tel. 06 22812976 or CBb Administration 088 362 3910.