Österreichische Post AG wins proceedings on appeal
Pressemeldung from 10.07.2002
Delivery of info-mail without address to cluster boxes is permitted
In the summer of 2001, “gfw Gesellschaft für Werbemittelverteilung” (now „redmail“) brought an action before the Commercial Court in Vienna to get an injunction against the delivery of postal items, especially of unaddressed bulk mail (info-mail without address) in cluster boxes.
Österreichische Post AG filed an appeal with the Oberlandesgericht, the competent court of appeal in Vienna, against the judgment pronounced by the Commercial Court in Vienna in the spring of 2002, which allowed the complaint. The appellate court upheld the arguments brought forward by Österreichische Post AG that there existed no legal provisions supporting such an injunction, and the plaintiff’s complaint was dismissed accordingly with costs.
In its judgment, the court concluded that Österreichische Post AG was not to be treated differently than any other private company. In this fuction, Österreichische Post AG was free to use already established distribution systems for competitive purposes. Österreichische Post AG could not reasonably be expected to build up a new distribution system for just a part of its business activities.
As, in its judgment, the Oberlandesgericht relied on the established practice of the Supreme Court, an ordinary appeal to the Supreme Court was ruled out. The last resort of the plaintiff, (redmail) now is to invoke, within four weeks, the jurisdiction of the appellate court with an “extraordinary appeal” stating why the Supreme Court should still be seized, in spite of the opinion expressed by the appellate court.
For more information please contact:
Österreichische Post AG
Press section/ PR
Tel.: +43 (1) 515 51 - 32012
Vienna, 10 Juliy 2002