German Federal Supreme Court prohibits call diversion – Loschelder successfully represents E-Plus in major unfair competition case

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15.10.09

German Federal Supreme Court prohibits call diversion – Loschelder successfully represents E-Plus in major unfair competition case

Dr. Thomas Schulte-Beckhausen, partner of our law firm, represented Düsseldorf-based mobile telecommunications provider E-Plus in an unfair competition case against Deutsche Telekom.

Deutsche Telekom AG, most important player in the German telecommunications market, had offered an option to clients operating a landline with Deutsche Telekom and a mobile phone with any other provider. Under this option, any incoming call from a fixed network operator that was directed to the client’s mobile phone would be diverted to his landline. The caller was charged the higher fees for calls into a mobile network and Deutsche Telekom’s client received a kickback payment. The interconnection fee that normally would have been paid to the operator of the mobile network did not become due.

Loschelder obtained a permanent injunction on behalf of E-Plus before the Regional Court of Cologne that was confirmed by the Superior Regional Court. On October 7, 2009, the Federal Supreme Court dismissed a further and final appeal by Deutsche Telekom. Although the reasons of the decision will not be available before early in 2010, it seems already clear that the Federal Supreme Court followed E-Plus’ arguments on all counts (Docket no. I ZR 150/07).

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