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Telekom lost, by a final court decision, a process initiated by ANPC, the National Authority for the Protection of the Consumer, and will have an impact on all the contracts of the telecom operator. It all started in 2014 when a Telekom customer complained to the ANPC because he was required to pay a fee of one hundred euros to terminate his prepaid subscription, the company said. ANPC bringing an action against the operator.
Telekom initially lost in first instance, in 2016 a judge made the decision that the clause to pay a subscription was abusive, and the operator was fined 200 LEI. The judge also decided that Telekom must amend all current and future contracts to remove this abusive clause, but the operator appealed, and this month a judge upheld the Bucharest court's decision, an excerpt being more "Analyze, compare and compare the benefits enjoyed by the consumer by extending the contract in the light of the promotional price offer (point 1 of the contract) in relation to the amount of damages (point 3 of the contract) that & ### 39 he must pay if wishes the termination of the contract before the minimum period of 24 months, the control team of the ANPC found that the petitioner enjoyed a monthly reduction of 3.72 euros / month (19,84 euros with VAT subscription price list – 16,12 euros with VAT promotional offer) disproportionate to the damages to be paid by the consumer that are included, depending on the period to which it is intended to terminate the contract between 55,8 eur and 223,2 euros, thus creating a significant imbalance between the rights and obligations of the parties. "
Telekom is obliged to abolish an ABUSIVE clause in all contracts
Telekom offered the customer a monthly subscription discount, but the ANPC supported the court that it is disproportionate in relation to the cancellation fee collected and accepted by the court, since this customer had a monthly reduction of € 3.72 for a subscription of € 19 (initial price), but had to pay severance pay of between EUR 8 and EUR 55 for each month remaining in the contract, which
The defendant has not explained why there would be a significant difference between the cost of the service provided for a short period and the cost of the service, the benefit of which is guaranteed for a minimum period of 2 years, to justify the amount of compensation paid in the event of termination of the contract before the end of the minimum period. contract controlled by ANPC, the consumer's ability to terminate the contract before the expiration of the minimum period or to waive a portion of the services contracted is considerably limited by the obligation to pay the fixed damages fixed in a fixed amount of the defendant, indemnities of 39, an equivalent amount and for the consumer in case of default by the defendant in the performance of the contract.
Telekom is now obliged to amend all current contracts, including future contracts, through a law imposing obligations on operators and other companies, to do so if they lose a lawsuit. changes in the next period, but the court's decision is important because it can make room for others similar to other operators, even if other separate processes have to be opened
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