Giovanni Bortolan
The story continues on the offenses committed by telephone operators regarding the 28-day billing. Yesterday the sentence of State Council on the appeal of Vodafone, in which the legitimacy of the work of theAGCOM for refunds.
The sentence comes after Vodafone’s appeal against AGCOM, which requested an order to order Vodafone on 28-day billing and which warned the company to reverse the amounts obtained in the number of days (starting from June 23, 2017) not usable by users after the misalignment between the four-week bill and the monthly bill.
AGCOM had therefore established, to replace the reversal of the amounts contested by Vodafone, reimbursement in the form of free provision of services by the operator for the number of days equivalent to those of the reversal order. The State Council affirmed AGCOM’s power to take restorative measures in the form of restitution of the eroded days.
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It was also stressed that the restitutive obligation constitutes just one of the effects of recovery of monthly invoicing and not just the sanction of the offense committed, with the Authority having the power to impose on the operator the obligation to pay a indemnification, even automatic. In other words, compensation has a character function consideration / replacement of the transferred asset, in this case the free provision of the service replaces the sum of money withdrawn by users.
For all these reasons the Council of State rejected Vodafone’s appeal, effectively confirming the regulatory framework of AGCOM on the issue of refunds for 28-day billing.
Source: MondoMobileWeb
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https://www.smartworld.it/internet/fatturazione-28-giorni-respinto-lappello-vodafone-via-libera-agli-indennizzi-automatici.html
