Conciliation
According to the Electronic Communications Code (Legislative Decree 259 of August 1, 2003), the definition of instruments for the resolution of disputes between users and operators of electronic communications has been delegated to the Italian NRA (AGCom, Autorità Garante per le Comunicazioni). The Italian NRA, first with resolution 182/02/CONS and then with resolution 173/07/CONS (later amended), approved the "Regulation on procedures for the settlement of disputes between users and operators of electronic communications".
The Italian NRA, in order to solve disputes between users and operators of electronic communications, has foreseen the institution of the obligatory attempt of conciliation, before going to ordinary justice. Therefore different tools are available for users in order to try out the mandatory attempt of conciliations, such as:
Current regulation also provides, in case of failure to resolve the dispute during the mandatory attempt of conciliation (or at the expiry of conciliation deadline), the opportunity for the user to access a second level of administrative justice (the “definition”), or to go to judicial court.
The Italian NRA, in order to solve disputes between users and operators of electronic communications, has foreseen the institution of the obligatory attempt of conciliation, before going to ordinary justice. Therefore different tools are available for users in order to try out the mandatory attempt of conciliations, such as:
- Conciliation in front of the CoReCom (Regional Committee for Communications), now attemptable in all Italian administrative regions with the exception of Sardinia;
- Conciliation in front of the Chambers of Commerce, with which the Italian NRA has signed a cooperation protocol;
- Joint Conciliation (Conciliazione Paritetica), based on a settlement commission formed by a representative of the Company and a representative of a Consumer Association chosen by the user (or a randomly selected Consumer Association if the users has not made any choice).
Current regulation also provides, in case of failure to resolve the dispute during the mandatory attempt of conciliation (or at the expiry of conciliation deadline), the opportunity for the user to access a second level of administrative justice (the “definition”), or to go to judicial court.
