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In 2015, Klubrádió sued the Media Council of the National Media and Communications Authority (NMHH) for 1.4 billion HUF in damages for preventing the radio from taking possession of the community frequency of 92.9 MHz.
According to the lawsuit for damages now legally lost, Klubrádió must pay 30 million HUF in court costs, despite the court having previously established the violation committed by the Media Council.
The Metropolitan Court of Appeal confirmed the decision of the Metropolitan Court in a new trial, which dismissed the Club Radio action in its entirety in the first instance. According to the courts in the case, the radio’s claim for damages was unfounded because they alleged that the calculation methodology indicated in the claim was incorrect and unrealistic, and Klubrádió could not demonstrate that the decrease in its income was related to a dispute. with the Media Council.
Klubrádió based his actions on the fact that the Media Council was slow to sign a contract with him for the free frequency (92.9 MHz), during which time he was forced to pay a media service fee on another commercial frequency (95, 3 MHz). Due to the legal dispute over the right to provide media services, his sales revenue decreased by HUF 1.2 billion and press releases related to the case also damaged his reputation.
The case was first tried in 2016. In this court, the court ordered the Media Council to reimburse a media service fee of HUF 103 million and awarded HUF 1.7 million in moral damages in favor of Klubrádió. These amounts were already paid by NMHH to Klubrádió, so that between 2011 and 2021 he was able to use radio frequency without paying a media service fee.
However, the Media Council won the lawsuit for the deficit of 1.2 billion HUF, although the lower court ordered the lower court to reopen the proceedings and ordered more evidence. The result of this repeated procedure was confirmed by the judgment of the Metropolitan Sentencing Chamber of September 24, in which, in addition to the total rejection of Klubrádió’s action, it also ordered the radio to pay about 30 million HUF in procedural costs in favor of the Media Council.
At the same time, the Media Council today published a tender for various frequencies, including 92.9 MHz (the current frequency of Klubrádió).
“You have a good chance”
the Radio Club.
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