This section provides additional information and explains recent changes in the contingent liabilities and assets as described in the consolidated financial statements for the 2021 financial year.
Claims relating to charges for the shared use of cable ducts. In the claims filed by Vodafone Deutschland GmbH and Vodafone Hessen et al. (now Vodafone West GmbH) against Telekom Deutschland GmbH alleging excessive charges for the use of cable ducts, which were referred by the Federal Court of Justice back to the responsible Higher Regional Courts, the plaintiff Vodafone Deutschland GmbH has since updated its demand for relief, which it now puts at approximately EUR 749 million plus interest for the period from January 2012 to December 2021. The plaintiff Vodafone West GmbH has also updated its demand for relief, which it now puts at around EUR 418 million plus interest for the period from January 2016 to August 2022. It is currently not possible to estimate the financial impact with sufficient certainty.
Proceedings against T‑Mobile US in consequence of the cyberattack on T‑Mobile US. As a result of the August 2021 cyberattack, numerous consumer class actions, including mass arbitration claims, were filed against T‑Mobile US and a derivative action was filed against the members of the Board of Directors of T‑Mobile US and against T‑Mobile US as nominal defendant. The derivative action filed in November 2021 has since been withdrawn.
In September 2022, a further purported shareholder filed a new derivative action against the members of the Board of Directors of T‑Mobile US and against T‑Mobile US as nominal defendant alleging claims for breach of fiduciary duties relating to the company’s cybersecurity practices. It is currently not possible to estimate the resultant financial risk with sufficient certainty.
On July 22, 2022, T‑Mobile US entered into an agreement to settle the consumer class action in the Federal Court for USD 350 million (EUR 331 million). In addition, T‑Mobile US has committed to spending a total of USD 150 million (EUR 142 million) in 2022 and 2023 on data security and related technologies. The settlement is subject to final court approval. T‑Mobile US expects that the settlement of the consumer class action, if approved by the court, together with further settlements already or still to be concluded with consumers, will satisfy essentially all claims asserted to date by current, former, and potential customers affected by the cyberattack in 2021. T‑Mobile US has recognized corresponding provisions for risks in the statement of financial position of around USD 0.3 billion (around EUR 0.3 billion).
With regard to inquiries by various government agencies, law enforcement and other state authorities, T‑Mobile US continues to give its full cooperation. At present the financial impact of these proceedings cannot be assessed with sufficient certainty.
Claims for damages against Slovak Telekom following a European Commission decision to impose fines. Following a decision of the European Commission, competitors filed damage actions against Slovak Telekom with the civil court in Bratislava. A further claim was filed with the court in the reporting period, such that there are now three claims pending, amounting to a total of EUR 219 million plus interest. It is currently not possible to estimate the financial impact with sufficient certainty.
Claims for damages against Deutsche Telekom AG, including due to insolvency of Phones4U. In connection with the case brought by the independent British mobile phone retailer Phones4U, which has been insolvent since 2014, the High Court of Justice in London heard testimony from several witnesses and experts in the period between mid-May and the end of July 2022 with a view to establishing the legal basis for a claim. Phones4U is still seeking damages in an as-yet undisclosed amount. It is still not possible to estimate the financial impact with sufficient certainty.
Compensation in connection with the catastrophic flooding in July 2021. There are contingent assets of EUR 0.1 billion in connection with damage sustained in the catastrophic flooding in North Rhine-Westphalia and Rhineland-Palatinate in July 2021.