You are here: News from 2015
The High Court of Justice and Cassation maintained the measure regarding the suspension of the sanctioning decision of Orange Romania for abuse of dominant position
By Decision no. 2/February 14, 2011, Competition Council decided the sanctioning of Orange Romania for abuse of dominant position in accordance with art. 6, letter a of the Competition Law, imposing as well a fine amounting to 147,975,967 lei, representing 3.60% from the turnover of year 2010.
Orange Romania filed annulment action and suspension request against this decision.
In the first court, the suspension request of the effects incurred by the Decision of the Competition Council was admitted by the Bucharest Appeal Court through civil court decision no. 3575/May 19, 2011 by means of which the suspension of the application of the Competition Council’s decision was decided, although the recent jurisprudence tends to reject such suspension requests, appreciating that at least the request of the well justified case has not been fulfilled.
By Decision no. 4011/October 9, 2012, the High Court of Justice and Cassation rejected the appeal of the Competition Council and the measure regarding the suspension of the effects triggered by the sanctioning decision became irrevocable until the finalising of the annulment action.
This positive outcome for the company and as well for the telecom market in Romania is the fruit of a complex defence strategy based on the solid legal argumentation and the appropriate proofs delivered in the case and as well on the excellent coordination of all involved legal teams, the lawyers from Stoica & Asociații (Valeriu Stoica, Dan-Rares Raducanu, Marieta Avram and Alin Axente) delivering the defence jointly with their peers from SCA David & Baias and with the support of the legal department of Orange Romania.
all news from 2012
Orange Romania filed annulment action and suspension request against this decision.
In the first court, the suspension request of the effects incurred by the Decision of the Competition Council was admitted by the Bucharest Appeal Court through civil court decision no. 3575/May 19, 2011 by means of which the suspension of the application of the Competition Council’s decision was decided, although the recent jurisprudence tends to reject such suspension requests, appreciating that at least the request of the well justified case has not been fulfilled.
By Decision no. 4011/October 9, 2012, the High Court of Justice and Cassation rejected the appeal of the Competition Council and the measure regarding the suspension of the effects triggered by the sanctioning decision became irrevocable until the finalising of the annulment action.
This positive outcome for the company and as well for the telecom market in Romania is the fruit of a complex defence strategy based on the solid legal argumentation and the appropriate proofs delivered in the case and as well on the excellent coordination of all involved legal teams, the lawyers from Stoica & Asociații (Valeriu Stoica, Dan-Rares Raducanu, Marieta Avram and Alin Axente) delivering the defence jointly with their peers from SCA David & Baias and with the support of the legal department of Orange Romania.
all news from 2012
