The law firm wins the Council of State
“This is an important victory for the association and a glimpse into the future of telecommunications – adds the’ lawyer of the law firm representing the association's interests – as the Council of State's ruling anticipates the new powers vested in the Telecommunications Regulatory Authority under the European Electronic Communications Code, which is currently being implemented in our country.".
“For Aiip associated Operators the free modem, or more traditionally 'non-imposed modem', has always been the norm – states John Zorzoni, president of Aiip – Our work ethic is to serve end customers, whether citizens or businesses, and we immediately committed to combating illicit modem practices. We are extremely satisfied with the unified result achieved by the Free Modem Alliance, of which we have been members since its founding.
Tim had presented a first appeal to the TAR of Lazio The appeal was dismissed against the Authority's decision, with two grounds for appeal being rejected. The administrative court upheld the company's claims if the consumer decides to discontinue using the provider's terminal after having signed a supply contract. The ruling established, for the first time, the "right to use an alternative modem and no longer pay for the one provided by their telephone operator," temporarily putting an end to the battle between TIM and Assoprovider, along with other trade associations.
The operator then filed a further appeal with the Council of State against Agcom resolution 348/18 CONS, suffering a new defeat: the administrative justice body in fact declared, with the ruling of 2 August 2021, "partly inadmissible and partly unfounded" the appeal presented by Telecom Italia against the Agcom resolution regarding free modems.
The law firm wins the Council of State
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