Breadcrumb

Court rulings

District court upholds OPTA’s spam fine

29-10-2008

Recently the district court of Rotterdam announced its decision regarding a fine of EUR 75,000 imposed on a spammer by OPTA’s Commission. OPTA stated the spammer’s objection against the fine to be unfounded, after which the spammer lodged an appeal with the district court.

After examining OPTA’s decision on objection the district court reached the conclusion that OPTA justifiably and accurately substantiated the infringement. OPTA carefully considered every aspect in determining the sum of the fine which proved to be in conformity with the seriousness of the violation.

The district court pointed out that the manner in which OPTA had determined the number of sent messages was conducted correctly and documentary. Additionally, the plaintiff did not submit any factual objections with regard to this finding. The court stated that OPTA also determined his earnings in a well-conducted and thorough manner. The plaintiff failed to object to this as well.

The district court has sustained OPTA’s considerations which led to the determination of the sum of the fine and has reached the conclusion that OPTA’s decision to decline the spammer’s objection against the fine was justified and well-founded.