Alessandro Palmigiano publishes an ebook entitled 'Unfair commercial practices in the telecommunications sector: the action of the CO.RE.COM and the Regulatory Authority for Communications'

29 dicembre 2016

In cases where the user is unable, through a complaint, to resolve a problem that has arisen in the relationship with the provider of electronic communication services, he can, of course, initiate litigation with the operator to safeguard his claims. However, in the telecommunications sector, an attempt at conciliation is mandatory before taking legal action.

The procedures for settling disputes between users and operators in the electronic communications sector are governed by a particular and specific set of rules defined in detail by the Authority with the Rules of Procedure for the settlement of disputes between users and electronic communications operators approved on 19 April 2007.

The first step is the attempt at conciliation, a procedure whereby the user and the operator, aided by a mediator, seek an amicable solution to the dispute. If no such solution is reached, the user may ask the Authority for Communications Guarantees and the Co.Re.Coms delegated by it to settle the dispute, or he may turn to ordinary jurisdiction.

Concurrently with the submission of the application for the attempt at conciliation or for the settlement of the dispute, or during the course of the relevant procedures, the user may request the delegated Co.re.com. or the Authority to adopt temporary regulations aimed at guaranteeing the continuity of the service provision or at putting an end to forms of abuse or improper operation by the telecommunications operator until the end of the conciliation or settlement procedure.

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