Bouygues: Decision of the First President of the Paris Court of Appeal on the immediate execution of the Commercial Court’s ruling of 9 February 2023
Decision of the First President of the Paris Court of Appeal on the immediate execution of the Commercial Court’s ruling of 9 February 2023
Paris, April 6, 2023 – Bouygues recalls that in the dispute concerning the smartphone plus mobile plan bundled offers, Bouygues Telecom was ordered to pay €308 million in damages to Free Mobile by a ruling of the Paris Commercial Court on 9 February 2023.
Given that it believes the “immediate execution of the ruling” was based on an inapplicable text, Bouygues Telecom referred the matter to the First President of the Paris Court of Appeal.
By an order of 5 April 2023, the First President of the Paris Court of Appeal stated that it is not within his jurisdiction to analyse whether the first judges ordered the immediate execution of the ruling on the basis of an inapplicable text, as this question refers to the merits of the case.
He also dismissed Bouygues Telecom’s request to stop the immediate execution, considering that there was no evidence that it was impossible to enforce the ruling.
Although Bouygues Telecom still disputes the validity of this immediate execution, Free Mobile has indicated its intention to enforce the ruling. The risk for Bouygues Telecom of having to pay out the above-mentioned amount in the short term is therefore high.
Bouygues Telecom believes that it has always acted in strict compliance with the law and for the benefit of its customers and considers that its bundled offers are legal. Bouygues Telecom had lodged an appeal against the Commercial Court’s ruling on 9 February 2023 and the proceedings are continuing on the merits of the case and on the validity of the immediate execution.
Disclaimer: This information was considered by Bouygues SA, before its disclosure, as non-public information within the meaning of the applicable regulations (Article 7.1 of EU Regulation 596/2014, 16 April 2014). Responsible for notification: Didier Casas, General Counsel.
Press contacts:
Alexandra Berry: alberry@bouyguestelecom.fr – 01 39 26 62 42
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About Bouygues Telecom
Bouygues Telecom is 90.5%-owned by the Bouygues group. As a full-service electronic communications operator, Bouygues Telecom stands out by providing its 27.1 million customers access to the best technology has to offer on a daily basis. The very high quality of its 5G and 4G network, which currently covers 99% of the French population, combined with its fixed and Cloud services, provide its customers with simple solutions, enabling them to fully enjoy their digital lives, both in the home and at work, regardless of their location. Bouygues Telecom’s 5G network now covers nearly 10,000 municipalities and over 6 out of 10 people in France. Since 2000, Bouygues Telecom has pursued an environmental policy that aims to reconcile improved access to quality digital services for all with a reduction in its environmental impact. In October 2022, the Science Based Targets initiative (SBTi) endorsed Bouygues Telecom’s short-term greenhouse gas reduction targets for the period 2021-2027. #OnEstFaitPourEtreEnsemble www.corporate.bouyguestelecom.fr
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