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11 March 2010 / Erich Suter
Issue: 7408 / Categories: Features , Mediation
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As one door opens...another closes

Erich Suter sets out the European view of enforced mediation

Advocate General Kokott gave her opinion in Rosalba Alassini (Environment and consumers: C-317/08–C-320/08) dealing with Italy’s implementation of the Universal Service Directive (a directive on universal service and users’ rights relating to electronic communications networks, Directive 2002/22/EC). 

For those with an obscure fascination in the dealings of the Italian electronic communications networks this article is likely to come as something of a disappointment. It is concerned purely with the legality of a procedural requirement adopted in Italy restricting the rights of end-users to bring claims against service providers to court. Italy in implementing the Universal Service Directive—which requires an out-of-court settlement procedure—decided to introduce a mandatory requirement that any end-user wishing to bring a claim against a service provider is obliged first to go through an out-of-court disputes process to try to achieve a settlement. If they do not they are barred from presenting a claim to the court. The end-users in these cases were complaining that the courts’ refusal to hear their

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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