In a significant legal triumph, the Polish Filmmakers Association has emerged victorious in a nearly 5 1/2-year-long trial against telecommunications giant VECTRA S.A. The dispute revolved around the implementation of licence agreement provisions.
Following a court order on May 15, 2023, VECTRA S.A., the country's largest wireline TV operator, not only faces a substantial royalty surcharge exceeding a 12 million PLN but also significant late interest payments, covering the period from June 2015 to December 2017.
This ruling marks another decisive victory against VECTRA. The Court of Appeals unequivocally rejected VECTRA's attempt to apply preferential terms in licence fee settlements and its refusal to settle part of the revenue received from subscribers, specifically the "network access" fees. The judgment categorically states that such exclusions from the settlement basis violate the standard content of licence agreements, applied universally.
The Court of Appeals' judgment leaves no illusion that Vectra's actions to date are an illegal practice and contrary to the provisions of licence agreements," comments SFP-ZAPA director Dominik Skoczek on the won dispute, "Fortunately, such violations are extremely rare in the industry, and going to court is the last resort when a law-breaking entity strenuously violates the principles of equal treatment.