Court of Appeal cancelled the penalty imposed on TP
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Warsaw, June 02, 2009
The Court of Appeal in Warsaw revoked the decision of the President of URTiP (currently UKE) with regard to imposing a penalty amounting to PLN 3 million on Telekomunikacja Polska. The decision that was revoked concerned the Ogólnokrajowe Biuro Numerów (National Number Office). The decision of the Court is legally valid. In an oral justification of the decision, the Court of Appeal claimed that Article 209, paragraph
1, subparagraph 4 of the Telecommunications Law, which constituted the basis for imposing the penalty by the regulator, does not pertain to providing country-wide information desk with regard to phone numbers (OBN). As a result, the Court decided that the Article does not
constitute a sufficient basis for imposing the penalty and revoked the decision of the President of URTiP.
The OBN service does indeed consist of transferring information pertaining to phone numbers of subscribers but its provision does not equal performing informational services indicated in Article 209, paragraph 1, subparagraph 4 of the Telecommunications Law.
Due to the fact that the decision is legally valid, TP does not have to pay the penalty.
1, subparagraph 4 of the Telecommunications Law, which constituted the basis for imposing the penalty by the regulator, does not pertain to providing country-wide information desk with regard to phone numbers (OBN). As a result, the Court decided that the Article does not
constitute a sufficient basis for imposing the penalty and revoked the decision of the President of URTiP.
The OBN service does indeed consist of transferring information pertaining to phone numbers of subscribers but its provision does not equal performing informational services indicated in Article 209, paragraph 1, subparagraph 4 of the Telecommunications Law.
Due to the fact that the decision is legally valid, TP does not have to pay the penalty.
press contacts
Wojciech Jabczyński, TP Group Spokesperson
Tel.: 0 22 527 19 39
biuro.prasowe@telekomunikacja.pl
Tel.: 0 22 527 19 39
biuro.prasowe@telekomunikacja.pl
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