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Statement in response to the ruling issued by SOKiK

Statement in response to the ruling issued by The Polish Court for Consumer Protection and Competition (SOKiK)


Cracow, 9th September 2011


The Management Board of the Group informs the Court for Consumer Protection and Competition (SOKiK) sentence to dismiss the complaint for the President of UKE (the Office of Electronic Communications) decision to impose a penalty for violation of Article 47 par 2 of the Postal Law is not binding. applied to the SOKiK to state reasons for the sentence. After receiving it will decide on a possible appeal in that case. On the basis of the short verbal reasoning of the court it results that the court did not substantively investigate proceeding s of S.A., which has become a prerequisite to the imposition of a penalty by the President of UKE, but the court relied on the earlier final decision of the President of UKE of 29 October 2008, No. OKR-WKT-7224-3/08.


At the same time we emphasize that the SOKiK ruling is applicable to decision to impose a penalty of 12 November 2009, which itself refers to the legal aspects of providing services by in 2006-2008. Therefore, we ensure that it does not influence on the current activities of the Group both in financial terms as well as in regard to its legal situation. We also affirm that we have the necessary resources to implement any claim secured for this purpose in previous years.


The Management of the Group ensures that to the best of its knowledge, companies constituting the Group act in accordance with the law. Provision of postal services by the independent postal operator in the period analyzed by SKOiK was based on the interpretation of Article 47 point 2 of the Polish Postal Law, accepting, moving and delivering of a weighted parcel by an operator does not constitute the violation of the postal law in Poland. At the same time, we would like to remind that UKE, on the basis of inspections carried out in 2006-2008, did not reported any objections nor observation to the InPost company’s course of action.


After the UKE publication of a new interpretation of Article 47 point 2 of the Polish Postal Law Act (2008), the management Board without entering into legal disputes, and bearing in mind the welfare of its shareholders and the company’s reputation, has changed the operating principles to meet the requirements set out by UKE. The positive effect of changes implemented by the Group was confirmed by the UKE inspections conducted in January and February 2009. The President of UKE decision of 12 November 2009 clearly states that: “As a result of the inspection it was found that the Operator has removed irregularities within the period specified in the decision”.


We believe that the year 2012 is the last year of unfavourable conditions for independent postal operators in Poland and the year 2013 will be the ultimate date of postal market liberalization according to the 3rd Postal Directive of the European Parliament, which will result in an increase of number of operators who could provide postal services. Liberalisation of Polish market will surely increase competitiveness within prices and improve the quality of services, which will be beneficiary to clients.


Rafał Brzoska
The president of the Board of Directors Group

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