Food deliveries via internet platform are not postal deliveries
Published: Thursday, Jan 11th 2024, 21:20
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The arrangement of food deliveries via an internet platform does not constitute a postal service. The Federal Administrative Court (FAC) clarified this question in two rulings from January 3, 2024 based on deliveries from Uber and eat.ch. The rulings were published on Thursday.
According to the Postal Services Act, providers of postal services are required to register. One of the consequences of a reporting obligation is that providers must ensure compliance with the working conditions customary in the industry and must conduct negotiations with staff associations on a collective employment contract.
As the regulatory authority in the postal market, PostCom subjected Uber Portier B.V. and eat.ch GmbH to the reporting obligation, as express and courier consignments would also fall under the Postal Act. Food deliveries therefore qualify as postal consignments. The two companies each lodged an appeal against this with the Federal Administrative Court.
Freight and general cargo transportation is not a postal item
The FAC has now established that the legislator did not intend to deviate from the Federal Constitution by placing express and courier services under the Postal Act. Accordingly, the transportation of goods and general cargo does not fall under the Postal Act. This also includes the provision of food deliveries. These therefore do not qualify as postal items.
According to the FAC, Uber Portier B.V. and eat.ch GmbH are therefore not subject to the reporting obligation of providers of postal services due to the lack of postal items. The court upholds their complaints. These rulings can be appealed to the Federal Supreme Court.
©Keystone/SDA
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