Szymon Syp, PhD, co-authors “Postal Law. Commentary”

Szymon Syp, PhD, Senior Associate in Crido Legal co-authors “Postal Law. Commentary” to be published by C.H. BECK (set publication date – September 2018).

The publication is a practical commentary (presenting and discussing provisions currently in force) on the Act of 23 November 2012 – Postal Law (uniform text: Journal of Laws of 2017, item 1481, as amended).

Szymon Syp, PhD, notes: “The total value of the Polish postal services market amounted to PLN 7,649.98 million in 2016 (according to the latest report on postal services in 2016). It is also worth noting that the year 2016 was the first one, in which the segment of courier items achieved its largest share in the overall value of the postal services market. This tendency is a proof of shifting customer preferences – from traditional postal services to courier services, which guarantee quicker delivery and comfortable form of services. Anticipated Poland’s economic growth, constant improvement of road, logistics and digital infrastructure, as well as increasing society’s preference to shop on-line are the factors which ensure that despite a decline in the number of letter items it is a sector of the economy with strong prospects for growth.”

The publication is the first of its kind in the publishing market and is aimed at discussing issues arising in the course of applying the Postal Law in practice, some of such issues being as follows:

• rules governing the postal operations;
• the scope of the license to perform postal operations;
• the scope of postal services provision;
• the scope of universal services provision;
• rules governing access to elements of the postal infrastructure;
• rules governing the appointment of a designated operator;
• obligations of a postal operator for the defense of the state and public safety and order;
• liability of a postal operator and complaint proceedings regarding non-performance or improper performance of a postal service;
• regulatory accounting, cost calculation and accounting system of the designated operator;
• the calculation of net cost and the financing of the obligation to provide universal services;
• control over the postal operations by the President of the Office of Electronic Communications;
• the portfolio of entities subject to monetary penalties.

The Postal Law constitutes the final implementation of Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC into the Polish legal system. The new rules have been in force in Poland since 1 January 2013.

The authors place an emphasis on rules governing the functioning of the postal market, namely its opening to competition and liberalization both in the theoretical and practical aspects, and consider the postal market experience gathered from the moment the new provisions entered into force.

The commentary is intended for postal operators, recipients of postal services, and it may also be of interest to public administration bodies, including the President of the Office of Electronic Communications, the Office of Competition and Consumer Protection, as well as the Inspector General for Personal Data Protection.

The book can be ordered here: www.ksiegarnia.beck.pl

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