Appeal to the Austrian Administrative and Constitutional Courts
Pressemeldung from 18.08.2000
Rejection of New General Terms and Conditions of Newspapers Service of The Post (AGB PZD) on May 31, 2000
Österreichische Post AG appealed to the Austrian Administrative Court against rejection of its request to accept new rates in the newspapers service. Appeal addresses insufficient reasons given in the notification of the Austrian Ministry of Transport, Innovation and Technology, as well as unlawfulness of content.
Notification only generally mentions the Postal Act, and opinion that request of Österreichische Post AG is not in conformity with this Act. This statement is absolutely insufficient, as no information is given to the applicant as to the provision of Postal Act he may have infringed. Government agency has further held no hearing to offer Österreichische Post AG the possibility to object to the reservation expressed by it, which fact undoubtedly is unlawful per se.
In its appeal Österreichische Post AG furthermore states that content of request is in absolute conformity with the Postal Act as concerns proposed rates as well as scope of services.
At the same time, Österreichische Post AG appealed to the Constitutional Court to examine constitutionality of a statutory regulation covering a deficit arising out of newspapers service up to a certain amount only without consideration of fixed costs. According to Österreichische Post AG this is an out of proportion intervention into ownership rights warranted by Constitution, as, according to such statutory regulation newspaper service would cause Österreichische Post AG losses amounting to one billion Austrian Schillings each and every year.
Notwithstanding both these appeals, Österreichische Post AG presented a new proposal for amendment of General Terms And Conditions of Newspapers Service, i.e. a 15 % increase of newspaper rates for the current year, and a further 15 % increase in 2001. This proposal also contains some changes concerning beneficiaries of such special rates fixed, i.e. associations and statutory representations of interests will continue to benefit from newspaper service for their publications.
According to Mr. Wais, C.E.O., "Österreichische Post AG looks forward to clarification the legal questions mentioned above, as new regulations will have to be prepared next year already. A lasting legal basis for newspapers service will no doubt serve legislator, as well as Österreichische Post AG and its customers."
Contact for further information:
Österreichische Post AG
Mr. Michael Homola
Phone: from abroad +43 1 515 51-5217, in Austria (01) 515 51- 5217