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11 March 2010 / Erich Suter
Issue: 7408 / Categories: Features , Mediation
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As one door opens...another closes

Erich Suter sets out the European view of enforced mediation

Advocate General Kokott gave her opinion in Rosalba Alassini (Environment and consumers: C-317/08–C-320/08) dealing with Italy’s implementation of the Universal Service Directive (a directive on universal service and users’ rights relating to electronic communications networks, Directive 2002/22/EC). 

For those with an obscure fascination in the dealings of the Italian electronic communications networks this article is likely to come as something of a disappointment. It is concerned purely with the legality of a procedural requirement adopted in Italy restricting the rights of end-users to bring claims against service providers to court. Italy in implementing the Universal Service Directive—which requires an out-of-court settlement procedure—decided to introduce a mandatory requirement that any end-user wishing to bring a claim against a service provider is obliged first to go through an out-of-court disputes process to try to achieve a settlement. If they do not they are barred from presenting a claim to the court. The end-users in these cases were complaining that the courts’ refusal to hear their cases, because they had not gone through the out-of-court disputes

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

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