ANACOM has been summonsedhttps://www.anacom.pt/render.jsp?contentId=1742019 within the scope of an injunction sought by MEO – Serviços de Comunicações e Multimédia, S.A. (Proc. no. 806/23.2BELSB), which is being heard before Unit 1 of Tribunal Administrativo de Círculo de Lisboa (Lisbon Administrative Circuit Court). The injunction (as indicated in the initial identification of its purpose) seeks suspension of the effectiveness of determinations D9, D10, D11, D12, D13 and D15 included in Resolution of ANACOM’s Board of Directors, dated 08 November 2022: Approval of the final decision on amendments to MEO's Reference Duct Access Offer (RDAO) and Reference Poles Access Offer (RPAO) not included in the decision of 25.07.2019https://www.anacom.pt/render.jsp?contentId=1734057, as amended by Resolution of ANACOM’s Board of Directors dated 17 January 2023: Decision on the complaint submitted by MEO - Serviços de Comunicações e Multimédia, S.A., regarding the final decision on amendments to the RDAO and RPAO not included in the decision of 25.07.2019” (although in the final request there is no reference to determination D15).
In the summons received by ANACOM, reference is made to paragraph 1 of article 128 of CPTA - Código de Processo nos Tribunais Administrativos (Administrative Courts Procedural Code), by which ANACOM and parties benefiting from the act are prohibited from initiating or continuing with execution of the suspended administrative acts during the interim proceedings (or, at least, until a reasoned decision has been issued and sent to the competent court, recognising that postponement of the execution would do serious harm to the public interest).
By determination of 30 March 2023, ANACOM's Board of Directors adopted a Reasoned Resolution under the terms and for the purposes of paragraph 1 of article 128 of the CPTA (referenced above). This Reasoned Resolution set out that that the public interest would be seriously harmed by any delay in the execution of determinations D9, D10, D11, D12, D13 [and D15] of Determination of 08 November 2022https://www.anacom.pt/render.jsp?contentId=1734057 - which approved the “Final Decision on Amendments to the RDAO and the RPAO not included in the decision of 25 July 2019” – as amended by Determination of 17 January 2023. This Reasoned Resolution was communicated to the competent Court.
