Eversheds succeeds in dispute over PTK Centertel fine

Lawyers from Eversheds’ electronic communications team and its privacy, information and communication technologies team have successfully represented PTK Centertel in a case involving a fine imposed by the Polish telecoms regulator for the company’s Zetafon offer.

In 2011, the president of the Office of Electronic Communications imposed a fine on PTK Centertel of PLN2.5m (£494,000) for failing to inform users of changes in the price list for services, finding that the users were essentially subscribers.

Following an appeal by PTK Centertel, the Court of Competition and Consumer Protection reduced the fine to PLN1m. Appeals from that decision were filed by both PTK Centertel and the regulator.

In a judgment announced on 19 September 2013, the Warsaw Court of Appeal amended the judgment of the Court of Competition and Consumer Protection and vacated in its entirety the decision by the president of the Office of Electronic Communications imposing the original fine of PLN2.5m and also denied the appeal by the regulator. The judgment is legally final.

The work of the team of lawyers representing PTK Centertel at all stages of the proceeding was led by Arwid Mednis.

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