Proximus : shall continue the proceedings related to the damage claim filed in 2008 regarding the agreement between Telenet and the four intermunicipal companies

• Proximus shall continue the proceedings before the Court of Appeal of Antwerp in connection with the damage claim filed in 2008 after four intermunicipal companies concluded an agreement with Telenet. Through this agreement Telenet was able to take over these companies' TV customers and acquire long-term rights to their network.
• The decision of the four intermunicipal companies to conclude this agreement with Telenet was already annulled in 2014 by the Council of State. It is clear that Proximus has sustained significant damage in this matter.
• Proximus now asks the Court of Appeal to take measures to restore competition and is also pressing for compensation for the loss sustained, in the interest of its customers and shareholders.

End-December 2007, four intermunicipal companies, grouped together in 'Interkabel', concluded an agreement with Telenet: Telenet took over their analog and digital TV customers and also acquired long-term exclusive rights to their cable infrastructure. At the beginning of 2008, Proximus (at that time still operating as Belgacom) spontaneously made a counter-offer, as it was also interested in taking over these customers and acquiring similar rights, and had not had the opportunity to make a bid.

When the counter-offer was rejected, Proximus decided to institute court proceedings:

• before the Council of State with regard to the validity of the intermunicipal companies' decisions;
• before the civil courts with regard to the validity of the agreement between the intermunicipal companies and Telenet and with regard to the loss sustained.

In 2014, the Council of State annulled the decisions of the intermunicipal companies, drawing on the case law of the European Court of Justice, as there had been no open procedure in which interested third parties could take part.

The ruling by the Council of State paved the way for the reactivation of this case, which is still pending before the civil courts, i.e. the Court of Appeal of Antwerp.

Proximus hopes that by continuing the legal proceedings a speedy end will be brought to this matter which has now been dragging on for more than seven years. It trusts that the Court of Appeal will agree to Proximus' claim for damages.