Optimus Gateway case thrown out


Portuguese GSM Gateway operator Linkway has won a case brought against it by Portuguese network operator Optimus.

Optimus brought a case against Linkway to recover debt for non-payment of GSM Gateway bills. Optimus was involved in the disconnection of Linkway’s GSM Gateway services in 2003.

Linkway won and is expected now to fight the termination of its services by Optimus, and other networks with which it dealt.

Until 2004, Portuguese law appears to have been in line with current EC law, specifically the R&TTE directive on putting into service CE-marked kit within the European Union, making Linkway’s operation of GSM Gateways apparently permissable.

Mobile News understands Portuguese regulation subsequently changed, so it appears to conform more with the pro-network position on GSM Gateways today, that much stricter controls can be placed upon them.

Also, Portuguese authorities have recently returned to Linkway computers and other records they confiscated in 2004 because of suspicion of IT fraud. No charges have been brought against Linkway for such fraud.

Separately, details emerged last week of the initial conclusion of a case brought against a German GSM Gateway operator by German network operator E-Plus.

E-Plus took action against the GSM Gateway operator, which remains anonymous in legal reports Mobile News has seen, for “circumventing the wholesale interconnection regime”.

The German High Court in Dusseldorf threw out E-Plus’ claims and accused it of double standards on the grounds it was itself offering GSM Gateway services to its own customers and operating private line networks for business customers that route calls for cost-savings.

E-Plus has appealed the High Court’s decision. A final verdict is expected by March next year.

Meanwhile, Belgian GSM Gateway operator The Phone Company has gone into administration part-way through its legal battle with Belgian network Belgacom over the termination of its GSM Gateway distribution contract.

The Phone Company had twice seen Belgian regulator BIPT intervene and order Belgacom to switch back on its sim cards supply contract, Mobile News understands.

The case was due before the European Court of Justice, but The Phone Company’s financial instability appears to have scuppered its challenge.