Legislator Case Law & Legislation
III SK 28/08 AI generated

Supreme Court allows electronic communications office to define market scope and set fees via comparative method.

Case Number III SK 28/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Telekomunikacja Polska against the Electronic Communications Office's regulatory decision. The court upheld the regulator's authority to define the relevant market scope and to verify access fees using a comparative method based on costs, despite the appellant's claims of exceeding statutory powers. The decision clarifies that market analysis requires defining specific services and confirms the comparative method is the only permissible tool for fee verification under the Telecommunications Law.

Legislator headnote

AI generated

Art. 40 ust. 1, ust. 3 Prawa telekomunikacyjnego; The Electronic Communications Office may define the relevant market scope and verify access fees using a comparative method based on costs, without exceeding its statutory powers.

Keywords

AI generated
Electronic Communications Office relevant market scope comparative method Telecommunications Law regulatory powers access fees verification cassation appeal

Cited Legislation

AI generated
art. 40 ust. 1 of the Telecommunications Law
art. 40 ust. 3 of the Telecommunications Law
art. 22 ust. 1 of the Telecommunications Law
art. 21 ust. 1 of the Telecommunications Law
art. 7 of the Constitution of the Republic of Poland
art. 6 and 19 of the Administrative Procedure Act
art. 47957 pkt 1 of the Code of Civil Procedure
art. 206 ust. 1 and 2 of the Telecommunications Law
art. 47964 § 1 of the Code of Civil Procedure
art. 47964 § 2 k.p.c

Cited Case Law

AI generated

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