Conciliation

The obligatory attempt at conciliation is a free service through which it is possible to resolve disputes between users and communications operators (mobile and fixed telephone services, Internet operators, public telephone service, pay television services. Corecom has no competence in disputes regarding electronic commerce).
 

An attempt at conciliation before Corecom is obligatory, under penalty of invalidity of an associated petition in court; the proposal for attempted conciliation suspends the term for petition in court until the end of the 30 days foreseen for conclusion of the procedure.
Conciliation is not foreseen in cases of operations for simple recovery of credits relative to services rendered, unless failure to pay is a consequence of contestations in relation to the services themselves, nor in cases in which the final user intends to raise objections, counterclaims, or objections against an injunction.
If after a term of 30 days from the date of presentation of a petition for conciliation (registration date) the procedure is not complete, the parties may in any case refer to the legal authorities. In these cases, users must inform the office, who will acknowledge the decision to abandon conciliation and terminate the procedure.

THE CONCILIATION PROCEDURE

To initiate a conciliation procedure before Corecom, which is entirely free of charge, it is necessary to submit a conciliation petition using the UG form; petitions presented in other formats will in any case be valid if they include all the details foreseen in the regulation.

The UG form must include, under penalty of invalidity, the following details:

  • name and surname of the user of the telephone service;
  • residence or legal domicile of the user of the telephone service;
  • telephone service number;
  • name of the telecommunications body;
  • summary of relevant events;
  • indications of any previous attempts to achieve settlement through other bodies, or efforts still pending care of other bodies;
  • indications of any demands (compensation, refunds, etc.);
  • signature of the user of the telephone service or, in cases of legal person, of the legal representative or a person with special powers of attorney.

A photocopy of a valid document of identity of the user of the telephone service must always be attached to the UG form under penalty of invalidity.

The UG form may be submitted by registered post with recorded delivery or by fax (to the numbers +39 02.67482701 or +39 02.67482707), or delivered by hand during the public opening hours of the office: Monday to Thursday from 9:30 to 12:30.
If there is a pending petition for conciliation (or if an attempt at conciliation has already been conducted) through other conciliation bodies (Chamber of Commerce, joint commissions instituted between operators and consumer associations, etc.) conciliation will not be initiated by Corecom, considering that the Regulations define them as an alternative procedure.
Attempted conciliation will also not be initiated in cases in which Corecom ascertains its lack of territorial authority, or in the absence of one of the components that must be included in the UG form under penalty of invalidity.
Corecom, after establishing validity of the petition, will call the parties to a conciliation hearing. 


UG Form

 

THE HEARING


Individuals may attend the hearing in person or through a representative bearing a written delegation and a photocopy of a valid identity document of the delegating party, or, alternatively, through a consultant/representative of the consumer associations (also bearing a written delegation and a photocopy of a valid identity document of the delegating party).
Legal persons may participate at the hearings through their legal representative or a delegated individual bearing a written delegation and a photocopy of a valid identity document of the legal representative.
The arbitrator, an official in an impartial role, acts as mediator between the parties in order to facilitate the resolution of the dispute by way of an agreement between the parties. The conciliation hearing is recorded in minutes.
If during the hearing, one of the parties persist in behaviours that compromise the correct and effective carrying out of the procedure, the person holding the procedure, after a verbal warning, will conclude the hearing and record the abovementioned conduct in the minutes.
The minutes are signed by the parties and by the arbitrator and, in the case of a positive outcome of conciliation, the minutes constitute an enforcement order pursuant to art. 2, par. 24, section b), of law no. 481 of 1995.
If the attempted conciliation fails (with a negative or partially negative result), the parties jointly, or also the service user singly, may request Corecom to decide, with their own ruling, the dispute, by initiating a procedure for the resolution of the dispute with the presentation of form GU14 (for a detailed description of the procedure see the relevant paragraph).


Parties that presented a petition for conciliation but do not participate in the relative procedures are not entitled to request the resolution of the dispute. The option of seeking satisfaction through legal procedures remains unaffected.
A ruling for resolution of a dispute cannot be passed when more than 3 months have elapsed from the date of conclusion of the first conciliation attempt, or when one of the parties has already referred to a civil judge.
 
 
On request to the person conducting the procedure, to be submitted within 5 days of the date fixed for the hearing, the parties can participate in the meeting by videoconference or by telematic means, on the condition that they are have a valid digital signature.