Ad-hoc | 27 June 2007 16:31
telegate AG / Legal Matter
Release of an Ad hoc announcement according to § 15 WpHG, transmitted by
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The issuer is solely responsible for the content of this announcement.
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Passing sentence today the Higher Regional Court Düsseldorf ruled once
again in favor of telegate. In the third and final partial proceeding over
the reclamation of excessively charged costs for subscriber data, the Court
adjudicated the former monopolist in its second instance ruling to repay a
total of 30.52 million Euro plus interest during pendency of legal action
since the action has been brought in December 2004. The suit had been filed
against Deutsche Telekom by telegate’s 100% subsidiary, datagate GmbH,
(Court ref. No. VI-2 U 9/05 [Kart]), and covered reclamation claims for the
years 2000 to 2004. Appeal was granted.
In all, the three rulings awarded the directory assistance provider
telegate a sum of 86,81 million Euro plus interest during pendency of legal
action and thus in total approx. 100 million Euro. This is the highest
compensation ever awarded by a German Court in a suit against Deutsche
Telekom and the highest ever adjudicated in the German telecommunication
market at all. Already in May 2007 the Court had ruled in the first partial
proceeding, ‘telegate vs. Deutsche Telekom’ (Court Ref. No. VI-2 U 10/05
[Kart]) in favor of telegate, awarding it with reclamation claims over
52.04 million Euro plus interest during the pendency of the action over the
years 1997 to 2000. Lastly Deutsche Telekom has been sentenced last week in
a second partial proceeding to a repayment of 4,25 million Euro plus
interest during pendency of legal action. This ruling was made according to
the standards of the Higher Federal Court.
Parallel to the reclamation cases, an action to recover damages from
Deutsche Telekom is still pending. In this case, telegate is asserting
claims totaling around 86 million Euro. As a consequence of the excessive
data cost payments, the company suffered a clear competitive disadvantage
vis-à-vis Deutsche Telekom, especially in the early years after market
opening in Germany, for which, in telegate’s legal opinion, Deutsche
Telekom is liable. Proceedings in this case will be heard in the first
instance before the Regional Court Cologne on July 20, 2007.
Claudia Strixner
telegate AG
Head of Public Relations
Fraunhofer Str. 12a - 82152 München-Martinsried
Tel.: 089/ 8954-1188
Fax: 089/ 8954-1189
e-mail: presse@telegate.com
DGAP 27.06.2007
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Language: English
Issuer: telegate AG
Fraunhofer Str. 12a
82152 München-Martinsried Deutschland
Phone: +49 089 - 89 54 0
Fax: +49 089 - 89 54 10 10
E-mail: info@telegate.de
Internet: www.telegate.com
ISIN: DE0005118806
WKN: 511880
Indices:
Listed: Geregelter Markt in Frankfurt (Prime Standard); Freiverkehr
in Berlin-Bremen, Hannover, Düsseldorf, Hamburg, München,
Stuttgart
End of News DGAP News-Service
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