The Acts of the AGCOM Board according to the Court of Cassation

 

 

The Courts are not required to know the provisions of the’Communications Regulatory Authority (AGCOM)) for the purposes of compensation or a claim for damages.

This is what was stated in a recent ordinance of the Court of Cassation in the dispute between a consumer who had taken legal action to obtain compensation for damages resulting from the failure to include (between 2009 and 2013) his personal details and telephone number in the telephone directories of subscribers prepared by a telecommunications operator.

According to the supreme council, the resolutions of the’Communications Regulatory Authority (Agcom)  they have the nature of administrative acts, therefore the Judge is not required to know them, since the principle of “iura novit curia” does not apply to such acts.

The consumer's application was therefore declared inadmissible.

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