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id: 10011

id: 10011

Text of the Telecommunications Law after changes introduced by the Act of 22 December 2015 Amending the Act on Divisions of the Government Administration and Certain Other Acts (Journal of Laws Dz.U. 2015 item 2281)

Telecommunications Law

of 16 July 2004

(consolidated text: Journal of Laws Dz.U. 2014 item 243)

 

Art. 56. 1. Telecommunications services shall be provided on the basis of an agreement for provision of telecommunications services.

3. An agreement for provision of telecommunications services, which shall require written or electronic form, shall, subject to par. 5, specify in clear, understandable and easily accessible form, in particular:

17) information about amicable methods of dispute resolution;

Art. 110

1. Permanent consumer arbitration courts under the auspices of the President of UKE [the Office of Electronic Communications] (“arbitration courts”) shall be established pursuant to agreements on organizing such courts concluded between the President of UKE and non-governmental organizations representing consumers, telecommunications undertakings, or postal operators. Administrative costs of the operations of the arbitration courts shall be covered by the President of UKE.

2. The agreements referred to in par. 1 shall specify, in particular, the rules for covering the arbitrators’ fees and reimbursement of expenses incurred in connection with performance of the arbitrators’ activities.

3. The arbitration courts shall hear disputes:

1)    involving property rights under agreements for provision of telecommunications services, including connection to a public telecommunications network, concluded between consumers and telecommunications undertakings; and

2)    involving property rights under agreements for provision of postal services.

4. The Minister of Justice, in consultation with the minister for communications and the minister for digitization, shall establish by executive regulation the bylaws for organization and operation of arbitration courts under the auspices of the President of UKE, including

1)    internal organization of the arbitration courts,

2)    operating procedures of the arbitration courts,

3)    jurisdictional and administrative activities of the arbitration courts and their authorities, and

4)    requirements concerning arbitrators’ qualifications and impartiality,

reflecting the principles of independence and transparency, the adversary principle, effectiveness and representation, as well as the specific nature of telecommunications and postal matters.

5. In respects not governed by this act, proceedings before the arbitration courts shall be governed by the Civil Procedure Code.

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