Federal High Court pronounces final judgement: telegate wins the first two legal legal actions for compensation of inflated data cost against Deutsche Telekom AG in the last instance - signaling effect on further legal actions

Federal High Court pronounces final judgement

telegate wins the first two legal legal actions for compensation of inflated data cost against Deutsche Telekom AG in the last instance - signaling effect on further legal actions

Planegg-Martinsried near Munich, July 19, 2012 - telegate AG's subsidiaries finally win the first two legal actions against Deutsche Telekom AG on the compensation of inflated data cost in the last instance. The Federal High Court of Justice (BGH) dismissed the appeals against non-admission of Deutsche Telekom in the two proceedings by the subsidiaries datagate GmbH and telegate MEDIA AG (case no.: BGH KZR 31/11, BGH KZR 32/11). The judgments made by the Higher Regional Court Duesseldorf (case no.: VI U 1/11, VI U 6/11) on April 13, 2011 are final. Thus, Deutsche Telekom is obliged to refund the damage of excessively invoiced data cost in the total amount of approx. EUR 47 m including interest payable as from commencement of proceedings. It has to be taken into account, that the inflow of liquidity from both claims will be reduced by tax expenditure as well as success-related payments. The company expects a signaling effect on the outstanding ruling brought by telegate AG. In this case, the Higher Regional Court of Duesseldorf granted EUR 41.3 m plus interest payable as from commencement of proceedings to telegate AG in June 2011.

About the history of proceedings: telegate AG and its subsidiaries datagate GmbH as well as telegate MEDIA AG brought an action against Deutsche Telekom in three sub-proceedings for compensation of excessively invoiced data costs in the years 1997-2004 in the total amount of EUR 86.7 m. The Higher Regional Court Duesseldorf has already made judgments in all three proceedings in favour of telegate in 2007. The Federal High Court of Justice reversed the judgments and remitted the case to that court for further hearing. This court pronounced judgments in the favour of telegate in the two actions of the subsidiaries datagate GmbH (reference number VI U1/11) as well as telegate MEDIA AG (reference number VI U6/11) on April 13, 2011. The OLG also made a mostly positive decision in the action of telegate AG (reference number VI U2/11) on June 08, 2011.

Elio Schiavo, telegate AG's CEO, comments: 'The Federal High Court of Justice has finally confirmed the judgments of the Higher Regional Court Duesseldorf and thus also our legal opinion. A legal dispute with great importance, that lasted more than eight years now, finds a good ending for us. Furthermore, we see a positive signal of today's decision to the still outstanding claim by telegate AG as well as further pending actions for compensation against Deutsche Telekom AG, which we will push along with good chances of success.'

telegate and the subsidiary telegate MEDIA AG claim from Deutsche Telekom in two actions (district court - LG Cologne, reference number 87 O 7/06, LG Cologne reference number
81 O 332/06) to make a further compensation for damages caused by improper excessive data costs in the amount of up to EUR 108 m.

Contact:

Joerg Kiveris
telegate AG
Head of Public Relations Department
Fraunhofer Str. 12a
82152 Planegg-Martinsried near Munich
Phone: +49-89-8954-1188
Fax: +49-89-8954-1189
E-mail: presse@telegate.com
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