Eir claim against ComReg admitted to fast-track commercial court list

An appeal by Eir against several decisions by the Commissioner for Communications Regulation (ComReg) concerning the firm's obligations to provide certain essential services has been admitted to the fast-track commercial court list.

Eir claim against ComReg admitted to fast-track commercial court list

An appeal by Eir against several decisions by the Commissioner for Communications Regulation (ComReg) concerning the firm's obligations to provide certain essential services has been admitted to the fast-track commercial court list.

The case was admitted to the list by Mr Justice Robert Haughton at the Commercial Court today.

The appeal arises out ComReg's decision not to provide it with funding in respect of the costs Eir incurred delivering its universal obligations as the State’s designated Universal Service Provider (USP) for services including providing pay phones, providing fixed lines in isolated areas and directory services.

In terms of financing the USP obligations, Eir is entitled to seek funding by making an application to ComReg for the establishment of a sharing mechanism where the net costs can be shared among all providers of electronic communications networks and services in the State.

In 2014, Eir made several applications to compensate it for costs incurred due to its designation as a USP for each year from 2010 to 2015.

After a five-year delay, ComReg found in a decision published last April that while Eir incurred costs of €43m in meeting its obligations during the relative periods, such costs did not represent an unfair burden to Eir.

In its challenge, Eir claims ComReg made a number of significant errors in the manner in which it arrived at its decisions, and wants the court to set those decisions aside.

The alleged errors include that ComReg erred in its assessment of the extent to which Eir's obligations constitutes an unfair burden.

It also claims that ComReg's decisions are discriminatory, unfair and disproportionate and that Comreg breached its statutory obligations.

The application for inclusion in the commercial list was made by Eircom Ltd, represented in court by Jonathan Newman SC. The application was unopposed.

Three Ireland Ltd also applied to the court to become a notice party to the action. The court also heard that Vodafone is considering if it is appropriate that it also becomes a notice party to the action.

The Judge adjourned the matter to a date in early July.

more courts articles

Man (25) in court charged with murdering his father and attempted murder of mother Man (25) in court charged with murdering his father and attempted murder of mother
Man appears in court charged with false imprisonment of woman in van Man appears in court charged with false imprisonment of woman in van
Man in court over alleged false imprisonment of woman Man in court over alleged false imprisonment of woman

More in this section

FILE PHOTO The Competition and Consumer Protection Commission has cleared the purchase of Goodbody Stockbrokers by AIB END Goodbody Stockbrokers fined over €1.2m by Central Bank over rules breaches
Nottingham City Centre Stock Irish staff at the Body Shop wait for wages as retailer shuts stores in the Republic
Ryanair comments on Norwegian Ryanair boss O'Leary's spat with Transport Minister over Dublin Airport escalates
IE logo
Devices


UNLIMITED ACCESS TO THE IRISH EXAMINER FOR TEAMS AND ORGANISATIONS
FIND OUT MORE

The Business Hub
Newsletter

News and analysis on business, money and jobs from Munster and beyond by our expert team of business writers.

Sign up
ie logo
Puzzles Logo

Play digital puzzles like crosswords, sudoku and a variety of word games including the popular Word Wheel

Lunchtime News
Newsletter

Keep up with the stories of the day with our lunchtime news wrap.

Sign up
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited