With regard to unilateral changes by operators, the right of withdrawal may be exercised, again without penalties or deactivation costs, within 60 days from the communication of the change in conditions, but not if it is “exclusively for the benefit of the end user. , of a purely administrative nature “or deriving from EU law.
“Enhanced” right of termination
Paragraph 6 is relevant, according to which, in the event of a significant and recurring discrepancy between the actual performance of a service and that indicated in the contract, the consumer has the right to terminate it without incurring any cost and retains the right to the compensation provided. So goodbye to the 48-month installments for smartphones with the contract.
It must be said that in reality the penalties for early withdrawal from a contract for the supply of telephone services have already been sent to the ceiling by the Bersani law (law 40/2007). Once out the door, however, they somehow returned through the window, with assessments also endorsed by the Council of State with the sentence 1442/2010. The constraint was in fact considered as an advantage for consumers, to be chosen or not.
The sim race in Italy
The new code has now intervened in a market framework in which operators are in any case asking the government and institutions for attention. According to the mobile sector alone, sims exceeded 105 million in June, but including “machine-to-machine”: those used to operate systems and home automation.
The only “human” sims in June, again according to data from the Agcom Observatory, stood at 77.7 million: -0.5% compared to a year earlier, but essentially stable (+ 0.1%) compared to March. The subscription sims are 11.5 million: even -27% compared to 4 years earlier. In short, a more volatile market with a large increase in data consumption.