The Lithuanian Supreme Administrative Court annuls an NCA’s decison on unfair pricing for use of public telecommunications infrastructures and sends the case back for reinvestigation (Vilniaus Energija)

On 27 March 2009 the Lithuanian Supreme Administrative Court (LSAC or the Court) annulled the NCA's unfair pricing decision in Vilniaus Energija [1] and sent the case back to the Competition Council for reinvestigation. In doing this, LSAC overruled the earlier judgment of the Vilnius District Administrative Court (VDAC) [2] . To recap, the original infringement decision found that Vilniaus Energija (VE) - an operator of the underground communications tunnels (Tunnels), owned by the Vilnius city municipality, - had failed to comply with the principle of proportionality in calculating the rent rates applied to the users of the those Tunnels. That principle was established by the Vilnius city municipality's rules on tariffs back in 1996, according to which users of the Tunnels were to

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Sarūnas Keserauskas, The Lithuanian Supreme Administrative Court annuls an NCA’s decison on unfair pricing for use of public telecommunications infrastructures and sends the case back for reinvestigation (Vilniaus Energija), 27 March 2009, e-Competitions Bulletin Judicial review, Art. N° 26241

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