Supreme Court dismissed appeal, ruling market position decisions are declaratory and do not require prior qualification.

The Supreme Court dismissed the cassation appeal filed by Telekomunikacja Polska SA against a regulatory decision establishing its dominant market position. The lower court had rejected the appeal, noting that the regulator's decision to set interconnection terms was declaratory and did not necessitate a separate administrative qualification of the operator's market position under the Telecommunications Law. The court affirmed that the regulator's authority to modify interconnection agreements based on market conditions operates independently of the specific qualification procedures outlined in Article 57.