The Paris Commercial Court ordered Bouygues Telecom to pay 308 million euros to Free Mobile in the context of the so-called “subsidy” offers. The first city immediately announced an appeal.
Free has just won in court a battle started several years ago, against both Orange and Bouygues Telecom. Thursday, February 9, the Paris Commercial Court delivered its verdict at first instance in the case between Free Mobile and Bouygues Telecom. Xavier Niel’s operator criticized his competitor for his practice of subsidized packages, these famous offers which combine smartphone (at attractive prices) and mobile package with commitment. Free denounced unfair competition and claimed hundreds of millions of euros in damages from Bouygues Telecom.
A provisional execution decided by the judge and which greatly embarrasses Bouygues Telecom
This Thursday, Free won its case by ordering Bouygues Telecom to pay it 308 million euros, in compensation for the damage suffered over several years. If the case dates back to old offers marketed by Bouygues, the operator has indicated that it will immediately appeal to the Paris Court of Appeal.
It should be noted that the judgment indicates that ” provisional execution is by right “. In other words, this means that even in the event of an appeal, the party who won the case, in this case Free, can pursue the execution of the judgment, and therefore obtain the sums defined by the judge.
The problem is that Bouygues Telecom has not provisioned the slightest amount in its latest accounts, closed on September 30, 2022. The operator thus considers that the judgment is not final and disputes it. He affirms in passing that his bundled offers are legal and that the qualification of provisional execution is not correct, “ in the case of proceedings initiated before 1er January 2020 “.
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