Of the 41 cases carried over, five saw conclusion in 2010 1:
- Value added services: Declarative action with ordinary procedure, with ordinary common proceeding brought by STVA - Serviços de Valor Acrescentado, Lda, against ICP-ANACOM, seeking payment by the offender of PTE 48,378,719.00 (equivalent to 241,312 euros) plus interest following alleged unlawful seizure of terminal equipment.
On January 7, 2010, ICP-ANACOM was notified of the ruling issued on 15 December 2009, which dismissed the application, whereby the defendant was acquitted. - Radio broadcasting activity: An appeal brought by Rádio Placard against ICP-ANACOM, seeking annulment of the act notified to the applicant on 11 January 2002 and of the implementation operation occurring on 25 February 2002.
On 11 November 2009, ICP-ANACOM was notified of the ruling which determined the termination of proceedings without need to adjudicate; the Court only sent the case back only to this Authority on 20 April 2010, following transit in rem judicatam - whereby it could only be considered terminated at that time. - Networks and electronic communications services: appeal brought by PTC against ICP-ANACOM seeking annulment of the determination of 26 December 2002, whereby amendments were imposed on the draft Internet access reference proposal (IARP) presented by the company.
On 9 April 2010, ICP-ANACOM was notified of the ruling handed down by the Lisbon Administrative Circuit Court whereby, due to its withdrawal by PTC, the appeal was dismissed. - Universal telecommunications service: Judicial appeal for annulment brought by PTC in 2003 in respect of ICP-ANACOM determination of 21 August 2003, rejecting the existence of net costs of universal service provision until 1 January 2001 2.
Following dismissal of the appeal to be filed with the Supreme Administrative Court on the grounds of non-compliance with the arbitral tribunal, in 2009 PT Comunicações, appealed on the grounds of contradiction of decisions.
Passing judgement on 16 September 2010, the Supreme Administrative Court ruled that the claimed contradiction did not exist, so upheld the decision against PT Comunicações as res judicata. - Complementary mobile telecommunications service - trunking mobile services: Common administrative action with ordinary declaratory proceeding, brought by Radiomóvel.
On 29 September 2010, ICP-ANACOM was notified of the decision of the Lisbon Administrative Circuit Court, which ruled that the withdrawal of the request was valid and consequently ordered the termination of proceedings.
Notes
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1 One other case was concluded in 2009 which, since it was not filed in that year, was not covered in the respective report. This case refers to a judicial appeal brought by NRT - Norte Rádio e Televisão, Lda against ICP ANACOM, seeking annulment of the administrative act of 4 October 2002 exercised by the Director of Spectrum Management. Ruling on 30 September 2009, Porto Administrative and Fiscal Court concluded that the defects alleged by NRT were unsubstantiated, whereby it dismissed the appeal.
2 This process has already been mentioned in this Report.
