Measures and sanctions
Supervision and measures
It is part of PostCom’s mandate to ensure the implementing provisions of the Postal Services Act (Postal Services Ordinance) and applicable international law are observed by Swiss Post and other postal service providers.
If PostCom establishes that the law has been breached, it can:
- instruct the provider concerned to remedy the fault or to take measures to ensure that the breach is not repeated. The provider must inform PostCom of the measures it has taken;
- publish the established breach of the law;
- impose requirements on the activities of the provider concerned, or limit, suspend or prohibit these activities and
- confiscate any profit made as a result of the unlawful activities.
PostCom can also require Swiss Post to apply measures necessary to meet the legal requirements on provision of a basic universal service.
In addition to the measures outlined above, PostCom can order administrative sanctions in the case of a breach of the law: if a provider infringes the Postal Services Act, Postal Services Ordinance or a legally binding decision, it may be required to pay an amount of up to 10 percent of the average postal services revenue earned in the previous three financial years in Switzerland.
Infringements are investigated and assessed in a PostCom administrative procedure. In setting the penalty, PostCom takes into account in particular the gravity of the infringement and the provider’s financial situation.
Administrative penal proceedings in the case of infringements (Art. 31 PostA)
Any provider which is in breach of the duty to register or which delivers mail covered by the monopoly is liable to prosecution and a fine of up to CHF 100,000. In the case of negligence, a penalty of to CHF 20,000 francs can be imposed. Violations are prosecuted and orders issued by PostCom in administrative criminal proceedings. eines verwaltungsstrafrechtlichen Verfahrens verfolgt und beurteilt.