Wide scope of administrative discretion justified by features of telecommunications market. Case comment to the judgment of the Polish Supreme Court of 2 April 2009 – Telekomunikacja Polska SA v the President of the Electronic Communications Office (Ref. No. III SK 28/08)

Michał Mijal

On 2 April 2009, the Polish Supreme Court (hereafter, Supreme Court or Court) delivered a judgment on the scope of power of the President of the Electronic Communications Office (hereafter, UKE) to impose obligations upon tele communications operators in respect to particular markets under the Polish Telecommunications Law of 16 July 2004 (hereafter, PT, and Directive 2002/21/EC (hereafter, Framework Directive) 2. The Supreme Court rejected all claims of the plaintiff, Telekomu nikacja Polska SA (hereafter, TP SA), against the UKE President decision (hereafter, Decision).