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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

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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