Administrative Supreme Court
Judgements
Portugal's Administrative Supreme Court (ASC) has determined in two unanimously approved judgements that Portugal Telecom, S.A. (PT) breached the arbitration rule to which it is bound under the terms of point 1 of article 43 of Decree-Law no. 40/95, of 15 of February, that approved the bases of the public telecommunications service concession.
The bases of the concession contract include a commitment clause that regulates conflict resolution, whereby any litigation relating to the application, interpretation or integration of gaps in the concession contract, shall be settled by the parties involved in the Arbitration Court.
The ASC has determined that, in its understanding, PT failed to respect this commitment, by lodging a litigious appeal in order to annul the deliberations of the Instituto das Comunicações de Portugal that levied fines on PT, under the terms of point 1 of article 33 of the bases of the concession contract.
The cases (processes 043343 and 043544) relate to 1997 and 1998 respectively, and the corresponding judgements were issued in 1998.
See
ITIJ-M. Justiça (Acórdão 043343)
http://www.dgsi.pt/jsta.nsf/a10cb5082dc606f9802565f600569da6/c097567662aa4183802568fc0039d6c9?OpenDocument(only available in portuguese version)
(This information is copyrighted to www.dgsi.pt)
and
ITIJ-M Justiça (Acórdão 043544)http://www.dgsi.pt/jsta.nsf/a10cb5082dc606f9802565f600569da6/2260a7a211262e2a802568fc0039d409?OpenDocument&Highlight=0,_nahimopb3dtmnarj9cdgofp35ec_
(only available in portuguese version)
(This information is copyrighted to www.dgsi.pt)
