August 29, 2013 09.24 Europe/London By Robert Briel
Kabel Deutschland has lost its case over duct fees usage against Deutsche Telekom. An appeal is likley.
The district court of Frankfurt has rejected a claim from Kabel Deutschland in which it was seeking EUR350 million from Deutsche Telekom, claiming that the incumbent operator had overcharged rivals for use of cable ducts since 2003.
The cabler wanted to lower its yearly payment from EUR101 million to EUR34 million. The EUR350 million claim was based on total past payments of EUR279 million plus interest.
Kabel Deutschland started proceedings against Deutsche Telekom after the Bundesnetzagentur (the German regulatory office for networks) lowered Telekom’s pricing for TV channel distribution over VDSL connections. The court ruled that the fees paid by Kabel Deutschl;and and these connections are different entities and can not be compared.
Kabel Deutschland spokesperson Marco Gassen told German press that it would probably appeal once it has examined the ruling.