This is a dispute that Free Mobile will never let go, a matter of principle. And time finally proves him right. The Paris Commercial Court awarded on February 9 308 million euros in damages for its benefit, and to be paid by its competitor Bouygues Telecom. But the sum, substantial, is only half of what the plaintiff had requested. Free had decided in February 2021 to reassess the damage suffered at 722 million euros, against 619 million until then.
A very nice sum, therefore, which will not yet close the case. The case is that of disguised subsidies for smartphones, an old practice of French mobile operators, except Free Mobile.
Concretely, these were offers grouping smartphones and mobile plans, but whose terms, according to Free, were similar to credit. “It is inconceivable that operators replace credit organizations and practice consumer credit”, complained already a few years ago Xavier Niel. “It amounts to practicing wear rates of 300 or 400% that the consumer does not see. »
Pay while the court decision is not final: the anger of Bouygues Telecom
The judgment indicates that “the provisional execution is of right”. Which, according to Bouygues Telecom, is incorrect. Contacted by ZDNet on this specific point, Bouygues Telecom specified that “for procedures introduced before 1er January 2020, the provisional execution of judgments is not automatic. For the judgment to be enforceable even in the event of an appeal, the court must explicitly order the provisional execution, giving reasons for its choice”.
Still, to date, the sum should be paid even if this judgment can be appealed. In a press release, Bouygues Telecom “challenges this judgment” and still considers that “its bundled offers are legal”. Admission of surprise, Bouygues Telecom even wishes to specify that no amount has been provisioned in the last accounts closed. And that he will appeal the decision to the Paris Court of Appeal.
Free started this legal battle several years ago, by filing a complaint against Orange and Bouygues Telecom. Iliad, the parent company of the telecommunications operator, is claiming 790 million euros from its competitor Orange on this file.
In 2012, Free had already attacked SFR on the same principle and had won a victory before the Court of Cassation.