Please note that the BIPT decision of 11 August 2011 has been annulled by the Court of Appeal on 7 January 2015. Proximus SA/NV therefore applies the disclaimer that it had made in this respect and has adapted the BROBA Reference Offer on a number of elements that had been introduced by the annulled decision (i.e. SLA raw data reporting and ISLA provisioning). For the other elements that had been introduced by the annulled decision and for which Proximus reserves the possibility to adapt the current BROBA Reference Offer (for instance, but not limited to, NFTR compensation), Proximus S.A./N.V. still maintains its rights to apply retro-actively the conditions included in its Reference Offer, as applicable before the BIPT decision of 11 August 2011, until a new BIPT decision determines the new applicable conditions, and as the case may be, to ask reimbursement of any amounts it will have paid in application of the adapted Reference Offer, but which would not have been due under the formerly applicable Reference Offer.
The adapted version of the Reference Offer is published by Proximus S.A./N.V. without any adverse recognition and without prejudice to any of Proximus S.A./NV.'s interests. It shall not be considered as a waiver by Proximus S.A./N.V. of its rights and interests to fully implement its disclaimer regarding the BROBA Reference Offer.