(News Bulletin 247) – Bouygues announced Thursday that the Paris Court of Appeal had dismissed its subsidiary Bouygues Telecom following an appeal filed in the context of its litigation against Free Mobile.
By an order notified yesterday, the first president of the Court of Appeal rejected a request from Bouygues Telecom, which wished to obtain the judgment of a provisional execution.
The BTP group indicates that the court considered that the proof of an impossibility to execute the judgment had not been provided.
The President of the Court of Appeal indeed considered that it was not for him to examine whether the first judges had relied on an inapplicable text, this question falling according to him to the ‘merits of the dispute’.
For the record, Bouygues Telecom was ordered last February to pay 308 million euros in damages to Free Mobile in the context of a dispute relating to offers bundling smartphones and mobile plans.
Knowing that Free has expressed its intention to enforce the judgment, Bouygues Telecom warns that the risk of a disbursement of this amount has become ‘high’ in the short term.
Bouygues Telecom recalls having appealed the judgment of the Commercial Court delivered in February, stressing that the proceedings are continuing on the merits and on the validity of the provisional execution.
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