In its session on August 18, 2008, the Telekom-Control Commission decided unanimously in Procedure S 11/08 to reject Telekom Austria TA AG's request for an official decision regarding third parties' rights to submit comments and opinions.
According to the rulings of the high courts, parties have a legal claim to the determination of their own right to submit comments and opinions; however, this does not give rise to a legal interest in or a legal claim to the determination of third parties' rights to submit comments and opinions. Moreover, in Procedures R 5/07, R 6/07, R 1/08, R 3/08, R 6/08 and R 7/08, no official decisions were issued to inform the parties concerned regarding the determination of their right to submit comments and opinions. Instead, the right to submit comments and opinions was granted by factual means.