Mandatory attempt at conciliation?

Posted on September 15, 2008 | Filed Under communication technologies 

A new reference for a preliminary ruling in telecom matters has been lodged at the European Court of Justice by the Giudice di Pace of Ischia. In the cases C-317 /08, C-318/08, C-319/08 and C-320/08 (Alassini, Califano, Iacono, and Multiservice; the question put to the ECJ is the same in all four cases), the Giudice di Pace essentially wants to know whether a mandatory attempt at conciliation (before court proceedings can be initiated), to be undertaken either at a regional communications committee or at an “out-of-court body involved in the consensual resolution of consumer disputes” (according to Recommendation 2001/310/EC), would contravene Community rules that have direct effect.

The reference seems a bit strange, as it quotes not only the Universal Service Directive, but also to the Sale of Consumer Goods-Directive, Art 6 of the European Convention in Human Rights, and two Commission Recommendations on out-of-court dispute resolution (98/257/EG and 2001/310/EG) as “Community rules” that possibly could have direct and binding effect for the provision of eletronic communications services. As I have already written in a bit more detail (in German) here, I do not see where these rules could possibly stand in the way of a mandatory conciliation procedure as it is foreseen in the Italian decree in question (see especially Art 3 of the Annex A), at least if this conciliation procedure would come to a result (or an end) within reasonable time. But we will have to see whether or not the ECJ might take this reference as an opportunity to elaborate a little more on the nature of the dispute-resolution-procedures according to Art 34 of the Universal Service Directive.

And just for information, something completely different from the Agenda of the ECJ: the opinion of the advocate general in the case C-301/06 Ireland/Council und Parliament, concerning the validity data retention directive, will be presented on 14 October 2008.

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2 Responses to “Mandatory attempt at conciliation?”

  1. “Thus hath the course of justice wheel’d about”*: decided cases : contentandcarrier on December 3rd, 2009 7:46 pm

    […] and C-320/08, Alassini, Califano, Iacono, Multiservice; mandatory attempt at conciliation (see here); opinion of advocate general on 1 October 2009, see here at e-comm […]

  2. “without delay, their arguments be now produced and heard”*: ECJ on mandatory out-of-court-dispute resolution : contentandcarrier on March 18th, 2010 2:51 pm

    […] bringing a court case in issues involving electronic communications networks and services (see here for more on the background and links to the more or less relevant EU and Italian […]

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