Disputes in the electronic communication field are given an alternative
In explaining the Romanian framework for solving disagreements between different parties in the electronic communications field, Ioana Catalina Barbu, Attorney-at-Law, reveals the details
Romania was the first European
country to incorporate the New
Regulatory Framework in electronic
communication networks and services
into its national legislation. This was
adopted at the EU level in 2002.
Romania’s committed and enthusiastic
implementation of the framework is
viewed as an example to many countries and aims to provide the market with
many alternatives in solving litigation.
What this means
If there is a dispute between electronic
communication networks and services
providers or postal services providers,
as well as between users and providers,
the interested party may give a petition
to the National Regulatory Authority for
Communication (ANRC) to solve the
problem.
The standard form of such a petition is
available at ANRC central headquarters
or on the ANRC website.
Attempts to solve the dispute are
discretionary and free of charge. If
one of the parties is from outside
Romania, ANRC collaborates with the
correspondent regulator in the other
country to solve the case.
Disputes between providers
The petition needs to include:
- the identification data of the parties
involved in litigation
- the subject matter consisting of the
obligations arising out of the special
legal provisions or the Framework
Ordinance
- factual and legal grounds
- the damages suffered by the
applicant
- the previous attempts (if there are
any) of amicable settlement
- the proposed solution or measures to
solve the litigation
- the agreed procedure
When an applicant registers a petition,
the ANRC President, depending on the
nature and the case difficulty, appoints a
Commission in charge of the litigation,
formed by a president and one or more
members.
Two routes are available to solving
the disputes: litigious procedure and
conciliation.
The first alternative occurs when
mediation has failed or if the applicant
has chosen this directly.
The conciliation procedure aims at
amicably settling the dispute by means
of ANRC assistance and clarification of
the applicable legal provisions.
In this case the procedure takes place
in no more than 30 days, with the parties
concluding a written transaction.
But what happens if there is still debate?
Further to the preliminary measures,
consisting of meetings, document
review and gathering all the necessary
information, the Commission makes
a preliminary solution accompanied
by the proposed measures to solve the
dispute.
Within 15 days, the parties may submit
a request to the Commission to re-assess the preliminary solution. The ANRC
decision on solving the dispute takes
four months to deliver from the date
ANRC was vested. To better solve the
case, such a deadline may be extended
exceptionally, according to the ANRC
president’s decision.
At any time during both procedures,
the parties may conclude a transaction.
The ANRC decision may be appealed
within 30 days at the Bucharest Court
of Appeal- Administrative Contentious
Section.
Disputes between users and providers
If an applicant has alleged
infringements of users’ rights, one
can submit them orally, at the ANRC
headquarters, by mail, fax or e-mail
to ANRC scrutiny. The applicant does
not have to address the petition in its
standard form. If the parties do not
reach an agreement within 60 days,
ANRC issues an opinion, which is a
recommendation containing means in
view of solving the issues.
Compared to the significantly larger
number of litigations in front of the
ordinary courts, the number of cases
ANRC receives is relatively few.
Nevertheless, the considerably high
importance of the parties involved in
such disputes and the leading force of
the communication industry in Romania
are good reasons that might trigger the
reputation of the ‘ANRC court’ - of
course, depending on the decisions it
makes.
Ioana Catalina Barbu
Attorney-at-Law
NÖRR STIEFENHOFER LUTZ
28C General Constantin Budisteanu St
Sector 1, Bucharest
Tel. ++40-(0)21-3 12 58 88
Fax ++40-(0)21-3 12 58 89
www.noerr.com