The Tribunal Administrativo de Círculo de Lisboa (Lisbon Administrative Circuit Court), on 14 September 2009, rejected the interim measure applied to by PT Comunicações, TMN and PT PRIME, seeking the suspension of effects of article 1 of the Amending Regulation (Regulation n.º 87/2009, published on 18 February) to the Portability Regulation (Regulation n.º 58/2005, published on 18 August).
Applicants sought a Court order suspending the new Regulation as regards the increase of minimum capacity to process ported numbers and the process of validation of portability applications based on the identification document, such as the ID card or the tax payer card. To that end, companies alleged that such amendments required from operators a radical change of procedures which was not compatible with the deadline established for the purpose (10 days from the publication of the new Regulation), and which imposed disproportionate obligations on operators compared to the resources available to the latter, disregarding the limitations of and constraining information systems, the network capacity and the communication with the Reference Entity.
However, the Court took the view that the companies of the Grupo PT failed to provide evidence that the established deadline was disproportionate, to allege facts on the difficulties or impossibility to comply with new obligations within 10 working days, as well as to show that this impossibility would lead to a faits accomplis or to damages which would be difficult to repair.
