ESG Enforcement Tracker

Key facts:

In four separate filings, the UOKiK has initiated administrative proceedings against four well-known courier companies operating within Poland.

The claims relate to different marketing campaigns but all focus upon the responsibility of couriers to substantiate claims such as ‘climate neutral’, ‘green fleet’ and ‘zero-emission’.

Specifically, UOKiK challenge:

• Allegro Polska’s marketing campaign ‘we plant trees’ which promised to plant a tree for every ten parcel pick up’s from Allegro’s automated parcel lockers. UOKiK allege the customer choice of delivery method had no direct impact on Allegro’s tree planting decisions.
• DHL eCommerce Poland’s marketing of ‘collection point’ deliveries as the environmentally friendly alternative and its use of ‘green branding’ (like images of bikes and electric cars). UOKiK allege that DHL’s fleet remains predominantly high-emission.
• DPD Polska’s marketing of the environmental benefits of its electric fleet and emissions with slogans such as “green car fleet”. UOKiK allege these campaigns did not represent the full ‘journey’ a parcel takes to reach the consumer (and the overall CO2 released).
• InPost’s references to “zero-emission” deliveries and the promotion of its services as environmentally friendly. Again, UOKiK allege the company is relying on a small proportion of its electric vehicles within its fleet, as well as the overestimated environmental benefits of its collection point deliveries.

Breach of the Polish Competition and Consumer Protection Act can carry penalties of up to 10% of a trader’s revenue of the previous financial year. There is an avenue of appeal, if the breach is confirmed by UOKiK, to the Court of Competition and Consumer Protection (SOKiK).