Key Facts
- The Supreme Court has confirmed a 160,000 euro fine against Telefónica.
- The fine was imposed by the CNMC for the improper use of 902 numbers.
- The sanction was originally issued in 2021 and confirmed by the Audiencia Nacional in March.
- The violation involved paying Securitas Direct for traffic generated via 902 numbers, a prohibited practice.
Quick Summary
The Supreme Court has definitively closed the legal dispute between Telefónica and the National Markets and Competition Commission (CNMC). The court rejected the operator's appeal, confirming a fine of 160,000 euros imposed for the misuse of 902 numbers.
This ruling represents the final victory for the regulatory body led by Cani Fernández. The legal proceedings originated from a sanction issued in 2021, which Telefónica subsequently challenged in the courts. The dispute centered on specific regulations governing the retribution to companies subscribed to this type of numbering.
Judicial Outcome
The Tribunal Supremo has delivered a decisive victory to the regulatory authority by inadmitting the appeal filed by the telecommunications operator. This action effectively ends the judicial process initiated by the company to nullify the administrative sanction. The court's decision aligns with the previous judgment issued by the Audiencia Nacional in March, which had already confirmed the validity of the fine.
By rejecting the appeal, the highest court validates the lower court's interpretation of the law. The legal framework involved is the General Telecommunications Law, which strictly regulates how operators handle specific number ranges. The Supreme Court's refusal to hear the case signifies that no legal errors were found in the previous rulings that would warrant a reversal of the decision.
Nature of the Violation
The core of the dispute lies in the CNMC's findings regarding financial arrangements between Telefónica and business clients. The investigation concluded that the operator engaged in prohibited compensation practices involving 902 numbers. These numbers are typically used by businesses for customer service lines but are subject to strict pricing and remuneration rules to protect consumers and ensure fair market competition.
The specific violation cited was a serious infringement of the regulations governing the retribution of subscribed companies. The source material identifies Securitas Direct as the company involved in the transaction. Telefónica was found to be paying this entity for the traffic generated through the 902 numbering, a practice explicitly banned under the current legal framework to prevent abuse of premium rate services.
Regulatory Context
The National Markets and Competition Commission (CNMC) operates as the primary regulatory body ensuring fair practices within the Spanish telecommunications sector. Under the leadership of Cani Fernández, the organization has maintained a strict stance on compliance with the General Telecommunications Law. The law distinguishes between different types of number prefixes to prevent fraudulent billing practices and ensure transparency for end-users.
Violations regarding the retribution of paid numbers are treated with significant severity due to their potential impact on consumer trust and market fairness. The 160,000 euro penalty reflects the gravity of the infraction as defined by the regulatory framework. This case serves as a precedent for the enforcement of these specific numerical usage standards across the industry.
Conclusion
The Supreme Court's decision marks the definitive closure of this high-profile regulatory case. With the appeal rejected, the CNMC's authority to enforce the 160,000 euro fine is fully validated. This outcome underscores the strict regulatory environment governing telecommunications operators in the country.
Telefónica must now accept the financial penalty and the legal precedent established by the ruling. The case highlights the ongoing scrutiny under which major operators operate, particularly regarding the management of 902 numbering services and their associated financial structures.
