Lawyers from the firm’s Electronic Communications team and Privacy, Information and Communication Technologies team 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 PLN 2.5 million for failing to inform users of changes in the pricelist for services, finding that the users were essentially subscribers. The case arose under the regulations in force before the Telecommunications Law in Poland was amended to extend the concept of “subscribers” to include users who were not parties to a signed contract for telecommunications services. Following an appeal by PTK Centertel, the Court of Competition and Consumer Protection reduced the fine to PLN 1 million. 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 lower court and vacated in its entirety the decision by the President of the Office of Electronic Communications imposing the original fine of PLN 2.5 million, 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.