Poland’s Supreme Court has overturned a decision by the country’s telecoms regulator UKE to award a fine to Telekomunikacja Polska (TP), which trades as Orange Poland. The PLN100 million (USD30.8 million) penalty was originally handed out in September 2006 when the regulatory body determined that the dominant Polish telco had failed to price its Neostrada internet offering based on the cost of supplying the service. TP challenged the ruling, and in May the following year the fine was cancelled by the Competition and Consumer Protection Court SOKiK. UKE launched an appeal with the Supreme Court and the body has opted to uphold the SOKiK ruling and annul the fine.
This is the second time the Supreme Court has overturned a UKE fine against TP; in 2007 the regulator ordered the telco to pay PLN339 million after allegedly failing to notify UKE of its Neostrada pricing. This fine too was eventually cancelled by SOKiK, appealed by UKE, and finally annulled by the Supreme Court.