German Supreme Court overturns judgment of Higher Regional Court of Düsseldorf
Munich, July 12, 2006 – In an oral hearing before the Supreme Court in Karlsruhe yesterday (ref. no. KZR 29/05), the judgment of the Higher Regional Court of Düsseldorf of June 22, 2005 (ref. no. U (Kart) 4/02) was overturned and referred back for renegotiation before the same court. telegate AG had brought an action against Deutsche Telekom for the repayment of excessive data costs that had been billed for subscriber data for the period of January to September 1999, totaling EUR 4.25 million, plus interest, and had prevailed fully before the Higher Regional Court of Düsseldorf.
The reasons for the decision are not evident from the Supreme Court’s judgment. telegate is anticipating the written reasons for the judgment to be handed down in the course of the next few weeks. In light of the data cost decision of the European Court of Justice from November 2004 and the regulatory decision of the Federal Network Agency in August 2005, both of which support telegate’s interpretation of the law with regard to the subject of data costs, telegate continues to consider its legal position to be positive
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