The story told by the consumer association.
It took the pronouncement of the Justice of the Peace of Torre Annunziata, but in the end a consumer from the province of Naples managed to assert his rights with Telecom thanks to the assistance of theCode associationin action with the Campania delegation.
Object of the dispute some disservices, which opened a dispute with the company, convicted with one significant sentence.
“Our Client – explains Giuseppe Ambrosio, lawyer of Codici Campania – had a series of disservices with Telecom and for this reason an action was initiated.
A joint conciliation report was signed, according to which the company had to pay a sum to the user, which it did not do. At that point we resorted to the injunction for payment, against which Telecom lodged an instrumental opposition, arguing that the joint conciliation report was an enforceable title. And here is the aspect that makes the story special.
In fact, it is a bizarre thesis, so much so that the judge sentenced the company for reckless litigation, which indicates legal action or resistance to it carried out with bad faith and gross negligence, i.e. with awareness of one’s wrong or with dilatory or defatiguing intentions. We are obviously satisfied with the ruling, because it recognizes that the company’s behavior was non-linear and non-compliant with the agreement with the associations, since first an agreement was reached, then the amount established was not paid and finally the a purely instrumental opposition to the injunction. The sum in question is not relevant, we are talking about 150 euros, but it is the principle that is important and we would like to highlight it in the hope that paradoxical situations like this will not be repeated”.