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Rosalba Alassini v.Telecom Italia SpA and Filomena Califano v.Wind SpA and Lucia Anna Giorgia Iacono v.Telecom Italia SpA and Multiservice Srl v.Telecom Italia SpA. Primary tabs View Edit(active tab)

Country/Territory
European Union, Italy
Type of court
International court
Date
Mar 18, 2010
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Lenaerts, K.
Silva de Lapuerta, R.
Arestis, G.
Malenovsky, J.
von Danwitz, T.
Reference number
C-317/08 et al.
Language
Italian
Subject
Environment gen.
Keyword
Electro-magnetic pollution EIA
Abstract
Article 34 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on Universal Service and users’ rights relating to electronic communications networks and services (Universal Service Directive) must be interpreted as not precluding legislation of a Member State under which the admissibility before the courts of actions relating to electronic communications services between end-users and providers of those services, concerning the rights conferred by that directive, is conditional upon an attempt to settle the dispute out of court. Nor do the principles of equivalence and effectiveness or the principle of effective judicial protection preclude national legislation which imposes, in respect of such disputes, prior implementation of an out-of-court settlement procedure, provided that that procedure does not result in a decision which is binding on the parties, that it does not cause a substantial delay for the purposes of bringing legal proceedings, that it suspends the period for the time-barring of claims and that it does not give rise to costs – or gives rise to very low costs – for the parties, and only if electronic means is not the only means by which the settlement procedure may be accessed and interim measures are possible in exceptional cases where the urgency of the situation so requires.