SOKiK: UKE president appointed illegally

2007-05-25

The Competition and Consumer Protection Court (the SOKiK) has ruled that the PLN 100m (€26.3m) fine imposed by the Office of Electronic Communications (the UKE) on TP SA is invalid, as the president of the telecoms market regulator was appointed illegally.
The fine related to neostrada broadband, which was sold only bundled with voice services. The regulator decided to fine the operator for a delay in unbundling these offers. TP SA appealed in court against this decision and emphasised that the procedure for appointing the UKE’s president violated the law. Anna Strezynska was nominated as the head of the UKE by the Prime Minister, Kazimierz Marcinkiewicz, although she was not shortlisted as a candidate by the National Broadcasting Council (KRRiTV). TP SA has, therefore, argued that the nomination was unlawful. The UKE has expressed its surprise at the SOKiK ruling and stated that it is going to appeal against it.
The ruling does not, however, overturn all UKE decisions made during Strezynska’s term of office. If the telecommunications companies want any revised, they will have to challenge them in court.

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