US court rejects Vivendi's claim against DeTe over PTC

News Wireless Poland 9 JUN 2008
US court rejects Vivendi's claim against DeTe over PTC
French media group Vivendi saw a US court reject its lawsuit against Deutsche Telekom concerning alleged theft of 48 percent of the shares of the Polish mobile operator PTC. On 5 June, the district court in Seattle rejected Vivendi's lawsuit filed against Deutsche Telekom on the basis of the so-called "Racketeer Influenced and Corrupt Organizations Act" (RICO). In its decision the court reproached Vivendi for attempting to make courts worldwide responsible for reaching a decision in favor of the company (forum shopping). The verdict actually said: "An examination of the record reveals that Vivendi S.A. has sought relief in numerous courts for the alleged theft of the PTC shares and, when it is not satisfied with the results in a particular forum, if finds a different forum and files a new lawsuit or arbitration hoping to obtain a different result. This court is just the latest stop on Vivendi S.A.'s world-wide search to find a court to rule in its favor." Just a few weeks ago, a French court rejected a lawsuit by Vivendi against Deutsche Telekom concerning PTC, according to a Deutsche Telekom statement. Similarly, Austrian courts, including the High Court, had previously rejected lawsuits seeking the revocation of the 2004 Vienna arbitral award. Vivendi and Deutsche Telekom have been battling it out in courts in Europe and the US over a 48 percent stake in Polish mobile operator PTC. Vivendi claims the shareholding belongs to Telco, a joint venture between Vivendi and Elektrim, a Polish conglomerate that declared bankruptcy in August 2007. However, Deutsche Telekom, whose ownership of a separate 49 percent stake in PTC is unchallenged, feels its claim to the disputed shares has already been vindicated. It fully consolidates PTC in its accounts while Vivendi has reduced the balance sheet value of its own investment to zero.

Related Articles