Constitutional Court rules in favour of HAKOM

ZAGREB, 11 March 2014 – The Constitutional Court of the Republic of Croatia has adopted a unanimous decision and rejected the constitutional complaint brought by Hrvatski telekom, which claimed that by the Administrative Court’s judgement and by HAKOM’s decision its constitutional rights have been violated , i.e. especially the right to a fair trial and the right to entrepreneurial and market freedom. The decision because of which HT referred to the Constitutional Court covered the period since the implementation of the user line rental service by which alternative operators’ users are enabled to pay the services using a single bill, i.e. issued by the alternative operator. Until then, alternative operators’ users paid the fee to HT on a separate bill for telephone network access and the fee for the realised traffic to the alternative operator.
By its decision, HAKOM ordered HT to introduce a provision in its General Terms and Conditions which has enabled the automatic termination of the contract for network access with HT for the alternative operators’ users. The Constitutional Court considers that HAKOM has explained its legal points of view in a constitutionally and legally acceptable manner, and the Administrative Court gave a substantive ruling to HT’s allegations, by which HT was enabled to stand a fair trial. With regard to the constitutional right to entrepreneurial and market freedom, the Constitutional Court has established that this law also contains the requirement for an equal treatment with regard to all entrepreneurs with the objective to ensure an equal legal position in the market and that no one, including HT, is exempted from this requirement.
 
 

 

HAKOM (www.hakom.hr) - Croatian Post and Electronic Communications Agency – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary competencies in market regulation.