Decisions on disputes according to Section 127 of the Electronic Communications Act
In terms of resolving disputes according to Section 127 of the Act on Electronic Communications, CTU is not, contrary to previous legal regulation, i.e. Act No. 151/2000 Coll., authorised to directly intervene in contracts or to replace such contracts with its decisions and for this reason CTU will be forced to defer1 each application which includes a petition for intervention in a contract or its replacement, this in accordance with Section 43 of the Administrative Procedure Code.
Neither is CTU authorised to take decisions on, for example, the surrender of unjust enrichment or compensation for damage. For this reason, CTU will be forced to defer an application which seeks a decision on the obligation to return monies paid, this in accordance with Section 43 of the Administrative Procedure Code.
Decisions on an application which seeks a review of the correctness of billing are permissible. CTU thus determines whether billing is correct in terms of reason and amount. However, an application must relate to the obligation laid down by the Act on Electronic Communications or be based on this.
It is also necessary to state that a decision in a case in contentious proceedings is of a declaratory nature. Therefore, the administrative body may not impose any new obligation or recognise any new right. The administrative body therefore ascertains (finds) in contentious proceedings which of the parties involved in the dispute has which rights and obligations (as relevant in relation to the dispute). The parties to the dispute produce the relevant evidence to prove these rights and obligations. The administrative body may not, therefore, act such in contentious proceedings that it, for example, imposes the obligation laid down in Section 79(2) of the Act on Electronic Communications or issues a statement in accordance with Section 80(3) of that Act.
Contact the Department of legislative and legal affairs with any questions relating to dispute resolution between parties undertaking communication activity (according to Section 127 of the Act on Electronic Communications).
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