OPTA repeats order for incremental penalty payments on TNT Post
Determination of universal postal tariffs hampered by TNT Post
The Hague, 30 September 2009. OPTA has imposed a second order for incremental penalty payments on TNT Post for failing to cooperate with the regulator on the determination of the universal postal service tariffs. The major postal carrier in the Netherlands has been ordered to surrender the information within eight working days or face a maximum penalty of EUR 5 million. Despite having faced an earlier penalty of EUR 1 million TNT Post has refrained from providing the necessary data, thereby hampering OPTA in determining the tariffs by 1 October 2009 as stipulated in the new Postal Act. OPTA has notified the Ministry of Economic Affairs of being incapable of setting universal postage rates, for instance for postage stamps.
On 24 June 2009 OPTA imposed an order for incremental penalty payments on TNT Post amounting to EUR 1 million for failing to supply information. TNT Post then applied for an injunctive relief with the District Court of Rotterdam. On 23 July the court decided in favour of OPTA. With the grace period overdue TNT Post still failed to answer to OPTA’s appeal.
OPTA will shortly publish the order on the Decisions page of this website. TNT Post may still lodge an objection with OPTA to the order or appeal to the District Court.