DGAP-News: Telefónica Deutschland Holding AG / Key word(s): Legal Matter/Contract
Munich, 5 February 2021
Telefónica Deutschland: Court of arbitration confirms Price Review 1 opinion as binding - no retroactive MBA MVNO price reduction
Today, the competent court of arbitration confirmed the binding nature of the final decision of the independent expert, dated 19 December 2019, with regards to the price review (PR1) initiated by 1&1 Drillisch at the beginning of September 2017.
In December 2019, the independent expert had fully confirmed the prices set out in the MBA MVNO agreement for 1&1 Drillisch's capacity-based access to Telefónica Deutschland's mobile network and thus completely rejected 1&1 Drillisch's request for a retroactive price reduction. With the now concluded arbitration proceeding, 1&1 Drillisch tried unsuccessfully to challenge this expert opinion. The reservation still contained in the expert opinion with regards to PR1 has already been removed in favour of Telefónica Deutschland on 17 December 2020. As such, there will be no retroactive price reduction from 5 September 2017 onwards.
The arbitration ruling is legally binding between the parties and has the effect of a final court judgment.
Furthermore, Telefónica Deutschland continues to consider the Price Reviews 2, 5 and 6 initiated by 1&1 Drillisch, which were not subject of the arbitration proceeding, to be unjustified in terms of content.
05.02.2021 Dissemination of a Corporate News, transmitted by DGAP - a service of EQS Group AG.
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