Question 15313 — positions

Summary

Mr. Fabrice Brun draws the attention of the Minister of the Economy and Finance to La Poste's requirements in terms of mailbox locations. A growing number of residents are receiving letters from the Post Office telling them that, to easily enable mail delivery, mailboxes must be located along roads open to public traffic. These residents are thus encouraged, by virtue of the general conditions of sale of the La Poste group, to move their mailboxes under penalty of not benefiting from correct distribution of mail. It should be remembered that numerous court decisions have declared these said conditions illegal, in particular with regard to article L. 1 of electronic posts and telecommunications which provides that “the distribution service is carried out in appropriate facilities, in each person's home. He reminds him that the Government indicated in a ministerial response of May 5, 2016 that ARCEP concluded, in a 2013 opinion relating to a complaint from a recipient on La Poste's request to move a mailbox, that "the movement of mailboxes to the edge of their property cannot however be requested systematically". In this response the government also underlines that “with regard to the regulations, ARCEP considers that the distance that the postman must travel between his vehicle and the mailbox must be reasonable and without obstacles”. This response of May 5, 2016 specifies that La Poste had to clarify, in its general conditions of sale, the concrete assessment of the reasonably accessible nature of the mailbox. This clarification was all the more expected that the Court of Auditors also indicated in its 2016 public report that legal uncertainty was real and that litigation had been initiated. It clearly appears that this clarification has not been made and that the Post Office persists in its position. This is why he asks him if the Government intends to intervene with La Poste so that, as was announced in 2016, the conditions of sale of La Poste be clarified with a view to respecting the diversity of properties.

Machine translation from French. The official text remains authoritative.

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