A €637,112 fine which was issued to the Cyprus Telecommunications Authority (Cyta) on October 8, 2012 by the Commission for the Protection of Competition (CPC) has been overruled by the Administrative Court.
The fine was issued to Cyta for failing to supply SMS services to other service providers.
The initial charge against Cyta was made in 2007. The fine that Cyta was called to pay, was overruled in 2008 in a High Court ruling, which ruled irregular the composition of the then CPC.
When a new CPC was appointed, the fine was once again issued, based on the findings of the previous ruling.
Cyta defence attorney, Costas Hadjiioannou, again challenged the fine and Administrative Court Judge, Elena Michail accepted his appeal and annulled the fine citing errors in the process followed by the CPC.
Specifically, the CPC in its minutes of January 26, 2012, stated that the previous decision was withdrawn on January 8, 2009, and at the same time approved and adopted the decision made on February 14, 2008, and asked the Legal Services to investigate the legal and factual status of the allegations existing at the relevant time.
According to the judge, January 8, 2009, the date that the decision was withdrawn, should have been considered for the legal and factual status of the case.