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3-2018 A decision of the Court of Appeal repealing a decision of the President of the Office of Electronic Communication.

Current Report (3/2018)

Orange Polska S.A. – Warsaw, Poland

15 February 2018

 

Pursuant to Article 17(1) of the Regulation (EU) No. 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC, the Management Board of Orange Polska S.A. (“Orange Polska”) announces about adecision of the Court of Appeal repealing a decision of the President of the Office of Electronic Communication (UKE).

 

A decision of the Court of Appeal repealing a decision of the President of the Office of Electronic Communication 

 

On 14 February 2018 Orange Polska received a decision of the Court of Appeal, issued in camera, repealing a decision of the President of the Office of Electronic Communication of  7 October 2014 declaring effective competition in 76 communes on the market for wholesale broadband access services (BSA; market 5/2007) about the issue of which Orange Polska informed in the current report no. 66/2014 of 8 October 2014. The Court of Appeal justified the repeal of the decision by the fact it was issued in a wrong legal form i.e. the issue of a “postanowienie” instead of a “decyzja”.

 

The remaining decisions relating to deregulation remain in force i.e. the decision indicating Orange Polska as having a significant market position on the remaining part of Poland (excluding 76 communes) and the decision declaring expiry of the previous decision (issued in 2011) indicating Orange Polska as having a significant market position in almost entire country. Therefore, irrespective of the repealing of a decision declaring effective competition, there are no regulatory obligations on 76 communes imposed on Orange Polska. The decision of the Court of Appeal does not change the conditions of operations of Orange Polska in 76 communes.

 

Orange Polska has an up to date analysis confirming, on the basis of the available data, that it does not have a dominant position in 76 communes on the market for wholesale broadband access services. The decision of the President of the Office of Electronic Communication declaring effective competition in 76 communes was repealed exclusively on formal grounds and not on the merits of the decision. Orange Polska will undertake all possible legal actions in order to reinforce the declaration of effective competition in 76 communes.

 

The deregulation of 2014 was one of the important triggers of the rollout of the fibre investment program by Orange Polska. The investment in fibre currently reaches more than 2.5 million households and leads to significant improvement of the quality of broadband services in Poland.

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