Azercell Telecom appeal against the decision of the court

Despite the court decision, the trial between the two mobile operators Azercell Telecom and Bakcell pending.

Yesterday Azercell Telecom issued a press release which stated that the company, on the basis of self-righteousness, is going to challenge taken on the court decision.

According to the company's management Azercel, it is with its arrival on the local market high tariffs imposed by a competitor in 1994, declined in 1996, and improved quality of services.

The essence of the lawsuit is that the company Bakcell demanded changes in the terms of the contract signed by consent of the parties. Azercell company should return the alleged 15 million manat, which is a competitor paid for 2 years, from 2009-2011. Taken as a basis for claims linking tariff established in the firewall rules, approved by the decree of the Ministry of Communications and Information Technology (MCIT) of 3 April 2009, - says the press-service of Azercell.

Authority to determine the tariffs for services and goods is entrusted to the Tariff Council of Azerbaijan Cabinet of Ministers. State-regulated prices are reflected in the "List of state-regulated prices (tariffs) for goods (works, services)." Despite the fact that the inter-network rates are not included in this list, the Ministry of Communications, without the knowledge of the Tariff Council established gateway fees. This is contrary to the obligations of Azercell, taken on the basis of an agreement with the Government of Azerbaijan in connection with the privatization of the state share in the authorized capital of the company. It is for this reason that we have protested the tariff, the document says.

In 1996 there was signed a 20-year investment agreement for the establishment of Azercell. According to the law "On investment activity" if subsequent legislation affects the environment for investment, the applicable law in force in investing in the investment referred to in the contract. This means that the rates adopted by the ministry may not apply to Azercell, because contrary to the gateway rates set by the state.

Under the Civil Code, if the new provision of the law passed after the conclusion of the contract, the terms of previous agreements do not change.

The exceptions are only those cases, if the law states that it applies to the previously signed contracts. In the above ministry firewall rules are not established the rule of sharing his actions on previous agreements. According to the same Civil Code, if on this Code or with the consent of the parties identified other orders, the parties can not demand the return of the fact that they have fulfilled the obligations to change or cancellation of the contract.

The press service of Azercell Telecom recognizes that the Baku Administrative Economic Court Number One decided to meet the lawsuit of Bakcell, and Baku Court of Appeal and the Supreme Court of Azerbaijan kept the resolution of the lower court standing. However, this is contrary to the arguments made above, it is because the company has the right, based on the requirements of local legislation and international agreements ratified by the Government to take appropriate steps for cancellation made in the case of judicial decisions.

Recall, a few days earlier, Bakcell issued a press release that it has won a lawsuit against Azercell Telecom on tariffs for interconnection.

Bakcell was established in March 1994. Azercell was founded in January 1996 and is part of the international group TeliaSonera. The number of subscribers of the company amounts to 2.5 million and 4.4 million respectively. - 17D-