Lisbon Commercial Court, through sentence of 20 June, maintained the decision of ANACOM to apply to PT Comunicações a fine of the value of 500 thousand euros. PTC thus lost, at 1st instance, the appeal it had filed against the decision of the Regulator.
The decision of the Regulator to apply a fine of 500 thousand euros to PT Comunicações dates from 23 December 2009 and is based on the fact that it was confirmed that the company, in 2008, unduly refused tens of thousands of electronic portability applications. The company unjustifiedly claimed over-allocation, lack of correspondence of the names or addresses presented in the electronic applications with the holders of the telephone numbers in question. In the same proceedings, it was also proved that, in other cases, PTC had not responded to portability applications within the legal period of time.
Such facts consist of non-compliance with article 54, number 1 of Law number 5/2004, of 10 February, according to which all subscribers of telephone services accessible to the public that request so should be guaranteed the right to maintain the number under the same service, an administrative offence punishable with the fine of five thousand to five million euros.