Andmed seisuga: 28.11.2024 18:34 (GMT+2)

EMT DECLARED AS UNDERTAKING WITH SMP

13.03.2002, Eesti Telekom, TLN

Eesti Telekom NEWS RELEASE 03/12/2002

EMT DECLARED AS UNDERTAKING WITH SMP

The Circuit Court satisfied the Communications Board's
appeal against its ruling and annulled the Tallinn
Administrative Court ruling

In November 2001 the Communications Board presented to
EMT an excerpt from Communications Board directive No. 1-
3/122 of 26 November 2001, "Declaration as undertaking
with significant market power in public
telecommunications services markets", pursuant to which
AS EMT was declared an undertaking with significant
market power in the territory of the Republic of Estonia
for 2002 in the public mobile telephone services market.
EMT filed to Tallinn Administrative Court an appeal
concerning the above Communications Board directive,
in which it requested the annulment of the section of
the directive pertaining to EMT since it found that
the directive declaring EMT an undertaking with
significant market power did not comply with the
requirements established in legislation. Tallinn
Administrative Court will begin to discuss the above
appeal on 13.03.2002.

On 18 January 2002 Tallinn Administrative Court suspended
the execution of the clauses of the disputed directive
with its ruling, finding that if EMT's action for the
annulment of undertaking with significant market power
were to be satisfied, EMT would in the performance of
those clauses have incurred unjustified expenses and
performed additional encumbering obligations, from which
a claim for the compensation of extensive damages from
the state may arise.

On 7 March 2002 the Tallinn Circuit Court satisfied the
Communication Board's appeal concerning the 18 January
2002 Tallinn Administrative Court ruling, and annulled
it. The Circuit Court ruling is final and cannot be
appealed.

The Circuit Court found that continuation without
suspension of the directive would not cause EMT
economically irreversible consequences, since in the
event the directive were to be declared unlawful, EMT
would be entitled to demand the state compensate the
damages caused as a result of the unlawful action in
public management.

AS EMT is a fully subsidiary of AS Eesti Telekom.


Hille Võrk
Financial manager
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