I think this case is interesting in that it tests the distinction. It isnt a government agency, but it is 100% government owned and provides a public service.
I could see an argument that delivery is not a de jure function of government, but it certainly seems to a de facto function of government.
If a country delegates the execution of it's obligations to a private party, I would expect that it is still responsible for their fulfillment.
"The owners of PostNord Group are the state of Sweden (60 percent) and the state of Denmark (40 percent)."
It was a merger between the two countries postal services that were created over 300 years ago, it still has no private shareholders. It is still very closely tied to government rulings and laws around postal services.
But there are laws around post packages similar to the US common carrier laws, you can't just reject packages due to not liking the sender or recipient. Every country has such laws around important services.
> there are laws around post packages similar to the US common carrier laws, you can't just reject packages due to not liking the sender or recipient. Every country has such laws around important services.
Yes! Sweden has laws around labour disputes. Again, these are deeply precedented. Even the experience of American companies being caught pants down in their respect is precedented.
But these things haven't been pitted against each other in court. The state has to provide these services according to law, but workers can strike according to law. So what happens when these two things oppose each other? That is what these lawsuits are supposed to figure out.
So it makes perfect sense to sue in this case. Clearing these things up is a really good thing.
But if Fannie Mae is unable or unwilling to perform the governmental functions it is contracted for, the government must find a new contractor who will, yes?
Unless the law specifically enshrines the privilege of one named private party above others?
Is there a law saying that Fannie Mae is the only company that can do X? Because that's the case with postnord: only they can handle these plates, by law.
That’s not exactly the case though - the court in the other Tesla case, against the government, has ordered the agency registering vehicles to ensure Tesla can pick up their plates directly from the manufacturer:
> "The owners of PostNord Group are the state of Sweden (60 percent) and the state of Denmark (40 percent)"
So no, it's a state-owned company. And most national postal services have some sort of equal-service guarantee in law, though I don't know about Sweden.
I could see an argument that delivery is not a de jure function of government, but it certainly seems to a de facto function of government.
If a country delegates the execution of it's obligations to a private party, I would expect that it is still responsible for their fulfillment.