AGCM

This being the maximum amount allowed by law, it is not a deterrent compared to Poste Italiane's actual turnover of 3.492 billion Euros in 2019. For the Authority, Poste's behaviour is harmful not only to consumers but also to the country's justice system.

The Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority) has imposed a fine of 5 million Euros against Poste Italiane, the maximum allowed by law, for having adopted an unfair commercial practice in violation of the Consumer Code, consisting in the promotion, found to be deceptive, of the characteristics of the registered mail delivery service and the digital collection of registered mail.

In particular, the Authority ascertained that any attempt to deliver the registered mail is not always made with the timing and certainty emphasised in the advertising messages, since it is frequently carried out in other ways than those prescribed by law. Indeed, for convenience Poste Italiane sometimes places the registered letter in the mailbox even when it would have been possible to hand it to the recipient. In this regard, there have been numerous complaints from consumers who have reported the failed attempt to deliver registered mail, even when they were sure that they had been present in their homes (think, for example, of people forced to stay at home due to being handicapped or the health emergency during lockdown).

The consequence of such conduct, in relation to which Poste Italiane has failed to take the necessary control and corrective measures, is an inadmissible burden on consumers who are forced to waste time and money in order to collect registered letters not diligently delivered.

The Authority has also ascertained the existence of information omissions in the advertising messages promoting the digital collection service for registered mail, as it is not clarified that this service can only be used for mail originating digitally.

The conduct described also causes serious damage to the country's justice system for delays due to incorrect notifications in the execution of trials, especially criminal ones, with the consequent expiry of numerous criminal cases, as repeatedly stated in the Annual Reports on the State of Justice cited in the decision.

Given the extreme seriousness and frequency of such practice and the considerable damage caused to consumers, the maximum sanction was imposed. However, it is not a deterrent when related to the actual turnover generated by Poste Italiane of 3.492 billion Euros in 2019 alone. In this regard, European Directive 2019/2161, which sets the maximum sanction to be imposed at 4^% of the annual turnover, has not yet been transposed into national law.

Rome, 15 September 2020