Judgment_paragraph 10 · Autorità per le Garanzie nelle Comunicazioni (AGCOM) v BRT SpA and Others (C-345/24)

10Recitals 5, 13, 16 and 18 of Regulation 2018/644 state:(5) There are fundamental differences between Member States when it comes to competences conferred on [NRAs] with regard to market monitoring and regulatory oversight of parcel delivery service providers. For example, some authorities are able to successfully require providers to supply relevant price information. The existence of such differences has been confirmed by a joint opinion of the Body of European Regulators for Electronic Communications [(BEREC)] and the European Regulators group for Postal Services [(ERGP)], which concluded that [NRAs] need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate across borders. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services and thus have a direct effect on the functioning of the internal market.…(13) Currently, postal services are regulated by Directive [97/67]. That Directive establishes common rules governing the provision of postal services and the universal postal service within the [European] Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers. Compliance with the minimum universal service requirements laid down in that Directive is ensured by [NRAs] designated by Member States. This Regulation therefore complements, in so far as cross-border parcel delivery services are concerned, the rules set out in Directive [97/67]. This Regulation is without prejudice to the rights and guarantees set out in Directive [97/67], including in particular the continued provision of a universal postal service to users.…(16) For the purpose of implementing this Regulation, it is important to provide clear definitions of parcels, parcel delivery services and parcel delivery service providers and to specify which postal items are covered by those definitions. …(17) Providers of parcel delivery services using alternative business models, for example those drawing on the collaborative economy and e-commerce platforms, should be subject to this Regulation if they provide at least one of the steps in the postal delivery chain. Clearance, sorting and distribution, including pick-up services, should be considered parcel delivery services, including when they are provided by express and courier service providers, as well as consolidators, in line with current practice. …(18) This Regulation should not apply to undertakings that are established in only one Member State and that have domestic in-house delivery networks only in order to fulfil orders of goods that they themselves have sold under a sales contract within the meaning of point 5 of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council [of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011 L 304, p. 64)]. Undertakings that also use domestic in-house delivery networks for the delivery of goods sold by third parties should be subject to this Regulation.’

Autorità per le Garanzie nelle Comunicazioni (AGCOM) v BRT SpA and Others (C-345/24)

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