On Wednesday, July 25, the European Court of Justice dismissed the appeal of Orange Polska against the decision of the European Commission. It is about imposing a 127.6 million euro penalty for abusing a dominant position.

The case, which the CJEU dealt with on Wednesday 25 July, dates back to 2011. At that time, the European Commission imposed on the Telekomunikacja Polska a PLN 127.6 million penalty for abuse of a dominant position on the Polish broadband internet access market. On December 17, 2015, the Court of the European Union dismissed the appeal of Orange Polska (former TP and PTK Centertel) against the decision and upheld the penalty. Now, in a judgment of July 25, the CJEU shared his view, despite a slightly different opinion of the Advocate General. As a result, the CJEU rejected all of the company's allegations.

- It could have been a surprise for Orange. After the Intel Corporation judgment and the publication in February this year Opinion of the Advocate General, there was a chance to change the ruling line - says Bernadeta Kasztelan-Świetlik, legal adviser, partner at the GESSEL law firm. - However, the judgment of the CJEU confirmed the abuse of dominant position by Orange in Poland by developing a strategy to limit competition at all stages of the process of granting access to its network - she emphasizes. (...)

Bernadeta Kasztelan-Świetlik emphasizes that the CJEU did not take into account the allegations regarding the amount of the sentence. - It is a clear signal that actions that may make it more difficult for competitors to access the market will be severely punished - says Bernadeta Kasztelan-Świetlik.

Jolanta Ojczyk, Wolters Kluwer Poland

The article is available here.