The Authority for the Communications, with Resolution no. 226/15/CONS, approved, in implementing the provisions of Article 23 of the Electronic Communications Code, the Regulations for the settlement of disputes between operators.
The new regulation, replacing the previous Regulation no. 352/08/Cons, introduces a series of major changes: the extensions of the subjective range, the prevision of rules on admissibility and inadmissibility of the judicial demand, the simplification of some formal compliance, the review of pre-trial proceedings and finally some clarifications about the decisional phase of the trial.
The volume is not limited to the exegesis of the new provisions, but it focuses on strategic scope of the regulations, emphasizing its dual personality. Indeed, it can be considered: an alternative dispute resolutions tool and, at the same time, as a tool addressed to allow the thus said regulation by litigation. The authors emphasize especially the core ‘paragiurisdizionale’ of the dispute resolution procedure in front of AGCom, confirming that it is an alternative tool to jurisdiction.