€ircom/ODTR - Legal Proceedings Report

b20uvkft6m5xwg

Nuno

Hi 80p

Thanks for the info.

It was also posted by 'neverhappen' in 'dahamstas' post "Eircom & Etain in court today..."

Here's a link to the thread

b20uvkft6m5xwg

OOOPPPS !!!

Maybe a new thread is needed anyway to discuss the outocme of the proceedings and their effects- It is as neverhappen pointed out goin to be a while before we get ADSL if things as they are stand:(

neverhappen

In court yesterday, Mr Anthony Collins, for Eircom, told Mr Justice Kelly his side would, within seven days, inform Esat, Kokomo and Nevada of the action. Those parties then have the option of applying to be notice parties to the proceedings.

Does anyone know what this means.?

It seems to me to be an awful waste of time if everyone's just been sitting around since May when this case started till yesterday.

Then they all file into the High Court.

There the judge tells them to tell esat about the case.

They say OK. Will do.

Then we all wait till December for the case to come up again...

Why didnt the court just "inform" Esat et al in May ? Or instruct eircom to inform esat ?

You can see why eircom took the case to the high court. Even if they lose, the delay is going to save them money anyway.

sceptre

Yeah, but it's like at the seminar, Derek Kickham implicitly admitting communication between Eircom and Esat had broken down based on the date of last communication, while sitting next to Etain Doyle - neither would regard this as a communication between Esat and the ODTR that communication had broken down (even when asked to, ho hum)

neverhappen

But what is frustrating us here is not Esat, or even (*spit*) eircom, its the creakingly slow machinations of the judical system....

R. Daneel Olivaw

What investment in the network? 99% of the lines are just as there as they were 20 years ago.

The only investment they have made is in the leased line thing, so it should not concern consumers at all, and the apparent investment in DSL (which should of course be charged on the price of teh DSL package, not the line; if that was the case they would be charging people who don't want DSL increased normal costs).

Hohum.............

b20uvkft6m5xwg

The reason for the seeming waste of time is that the proceeding was a "Judicial Review" meaning...

it was a hearing as to a matter of law not a matter of fact- Thus I presume the legal requirment on €ircom was to notify its competitiors and here-to-fore had NOT.
The outcome of such a hearing means the parties are to go away and comply with the original procedure and or proceed in another legal action post the legal clarification.

All that can be said is that its goin to prolong everything:(

dahamsta

Here's one:

Who the hell are Kokomo? Just a trendy name for someone else perhaps?

adam

b20uvkft6m5xwg

Sounds like a holding company alright and possibly a few creative lawyers dabbling w/ the s.30's of the Companies Acts.

Weird though how we've never heard of them- bcos most usually are familar in the industry at this stage ?