Alessandro Palmigiano, book entitled “ Unfair business practices in the telephone sector: the CO.RE.COM. action and the Authority for the guarantee in Communication”

The customer in cases where they are unable to resolve a dispute with a provider of telcommunication services , is able to initiate an action against the provider to enforce their rights or obligations. However in this respect the right is always subject to an attempt at conciliation of the dispute prior to the matter proceeding to litigation.

The procedures to resolve such disputes are governed by a regulation that specifically dictates such procedures, which was approved on 19 April 2007.

The first step is the participation in an attempt to conciliate the matter a procedure in which the parties, with the assistance of a mediator, attempt to obtain a resolution of the dispute. If a resolution is not reached, the customer may then request that the Authority for the Guarantee of Communication and to the Co. Re. Com as the delegated authority , to determine the dispute, or otherwise, proceed to have the matter determined ordinarily by the court.

In the context of either of these judicial and extra-judicial proceses the customer may apply to the Co. Re. Com or the Authority, for temporary orders to guarantee their service or to stop the abuse or incorrect function of the service on the part of the telecommunication provider until such time as the dispute is resolved or an order is made.