III SK 8/10
AI generated
Supreme Court dismisses fine for prior violation after separate control procedure was already completed.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the fine imposed by the Electronic Communications Authority on Telekomunikacja Polska SA for a violation discovered during a control procedure. The Authority had already initiated a separate penalty procedure under Article 210 for the same breach, which the Court ruled must be exhausted before imposing a fine under Article 209. Consequently, the Court set aside the contested decision and remanded the case for a new ruling on costs.
Legislator headnote
AI generatedArt. 199, Art. 201, Art. 209 ust. 1, Art. 210 ust. 1 Prawa telekomunikacyjnego: A monetary penalty for a violation discovered during a control procedure cannot be imposed if a separate penalty procedure for that specific breach has already been initiated.
Keywords
AI generated
telecommunications law
control procedure
monetary penalty
procedural exhaustion
separate proceedings
administrative sanction
remand for retrial
Cited Legislation
AI generatedArt. 199 of the Telecommunications Law
Art. 201 of the Telecommunications Law
Art. 209 ust. 1 of the Telecommunications Law
Art. 210 ust. 1 of the Telecommunications Law
art. 156 § 1 pkt 2 k.p
art. 233 k.p.c
Cited Case Law
AI generatedVI ACa 929/07