Second instance decision on reclamation case
Munich, May 16, 2007 - In one of the two cases presently pending, the Higher Regional Court Düsseldorf today sentenced Deutsche Telekom in a second instance ruling to refund excessively charged costs for subscriber data. In the action for part of the clause ‘telegate against Deutsche Telekom’ (Court ref. No. VI-2 U 10/05 [Kart]) the court ruled that repayment of 52.04 million Euro was to be made, including interest payable for use plus interest during pendency of legal action. With this ruling the Court decided nearly in the full extend to telegate. This action for part of the clause refers to reclamation claims for the years 1997 to 2000. Appeal was granted.
In a second action for part of the clause, brought against Deutsche Telekom by telegate’s 100% subsidiary, datagate GmbH, (Court ref. No. VI-2 U 9/05 [Kart]), the Higher Regional Court Düsseldorf scheduled a special court session for pronouncement of judgment on June 27, 2007. This action covers reclamation claims of 25.49 million Euro, plus interest, for the years 2000 to 2004. The directory assistance provider telegate had sued the former monopolist Deutsche Telekom in December 2004 for repayment of overcharged fees of around 65.20 million Euro, plus interest, for the years 1997 to 2004.
Parallel to the two reclamation cases, an action to recover damages from Deutsche Telekom is also currently pending. In the latter proceedings, telegate is asserting claims totaling around 86 million Euro. As a consequence of the excessive data cost payments, the company suffered a clear competitive disadvantage vis-à-vis Deutsche Telekom, especially in the early years after market opening in Germany, for which, in telegate’s legal opinion, Deutsche Telekom is liable. The action has been brought before the Regional Court Cologne where it is pending in the first instance. Proceedings are set to continue in early summer 2007.
Press Contact:
Claudia Strixner
telegate AG
Head of Public Relations
Fraunhofer Str. 12a - 82152 München-Martinsried
Tel.: 089/ 8954-1188
Fax: 089/ 8954-1189
E-Mail: presse@telegate.com
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