In 2021, ANACOM imposed fines amounting to EUR 1.5 million on MEO, NOS and Vodafone, for non-compliance with provisions set out in the Electronic Communications Law governing the suspension and termination of services for non-payment of invoices.
MEO was fined EUR 712 000 in December 2021 for 104 breaches. In addition to violations of rules governing the suspension and termination of services provided for non-payment of invoices, in 2015 and 2016, MEO also unlawfully suspended services for high consumption. MEO filed an appeal against ANACOM’s decision with Tribunal da Concorrência, Regulação e Supervisão (TCRS – the Competition, Regulation and Supervision Court).
In the case of Vodafone, ANACOM decided to impose a fine of EUR 425 000. 58 breaches of provisions governing the suspension and termination of services provided due to non-payment of invoices in 2013, 2014 and 2015 were at stake.
NOS was fined EUR 369 000 for 54 administrative offences. The violation in 2015 and 2016 of the same provisions is at stake.
NOS and Vodafone appealed against ANACOM’s decision to the TCRS.
In the case of NOS, the TCRS, in a judgment not yet final and unappealable, upheld the company’s conviction to pay the fine decided by ANACOM, but suspended its enforcement for a period of 2 years, provided certain amounts are paid to subscribers.
In the case of Vodafone, the TCRS, in a judgment not yet final and unappealable, convicted the company for 43 administrative offences, with a fine of EUR 280 000, suspended in its enforcement as to a quarter of its value (EUR 70 000 euros), for a period of 4 years.
In the breach proceedings brought against MEO, NOS and Vodafone, the infringements were related to the immediate suspension of subscribers’ services, who failed to receive the respective prior notice; to the mandatory non-suspension of services; and to the non-termination of the contract after a failure to comply with one of the instalments of the payment agreement concluded with consumers.
The rules on the suspension and termination of services provided aim to protect users of the essential public electronic communications service and to promote the timely performance of contracts concluded with consumers, avoiding indebtedness and thus the increased use of judicial means to recover the respective credit.
Given the relevance of protected interests and the situation of economic vulnerability in which many subscribers find themselves, ANACOM will continue to pay special attention to this issue, especially after the expiry of the exceptional measures defined in the scope of the COVID-19 pandemic - currently in force until 31.03.2022 -, which prevent operators from suspending the provision of services due to lack of payment, when this is motivated by situations of unemployment, drop in household income by 20% or more or by infection by the COVID-19 disease.
