Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/18/2010

Subject: The Court affirmed that Directive 2002/22/EC on Universal Service and users’ rights relating to electronic communications networks and services must be interpreted as not precluding national legislation 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. However it is necessary 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.

Parties: Alassini e altri

Classification: Justice - Art. 47 Justice: remedy - Justice: effective

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Notices: Effectiveness of the Charter
The Court made reference to Article 47 of the Charter. It included the Charter between the sources of the EU law.