The Federal Postal Services Commission PostCom wanted to subject food deliveries to the Postal Act and classified the Uber Eats ordering and delivery platform as a postal service.
Schellenberg Wittmer lodged an appeal against PostCom's decision before the Federal Administrative Court on behalf of Uber Eats. In a landmark judgement, the Federal Administrative Court has now ruled that the food deliveries ordered via Uber Eats are not postal items. The appeal was upheld in its entirety and PostCom's ruling was annulled. This is the second success for Schellenberg Wittmer in PostCom proceedings against Uber Eats, following the annulment of a similar PostCom decision in 2022 due to significant procedural shortcomings.
The Schellenberg Wittmer team responsible for the appeal included David Mamane, Frank Bremer and Tobias Magyar (all Administrative Law and Public Procurement).
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