With this judgement the Market Court annuls the Decision of the BIPT of 12 December 2023 imposing an administrative fine of €1 000 000 on Telenet for non-compliance with Article 3 of the Easy Switch RD.

The Court reasons that, during the inspections that formed the basis for the BIPT's ruling, no order was placed and no contract was concluded, whereas, according to the Market Court, based on the wording of Article 3 of the Royal Decree of 6 September 2016 on Easy Switch and the principles of international law applicable to sanctions of a criminal nature this should have happened.

The Market Court annuls the Decision of the BIPT because the shortcomings of the administrative procedure cannot be remedied during the appeal procedure.

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