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12 July 2019 The appeals lodged by the telephone companies Vodafone, Wind-3 and Fastweb against the decisions of the TAR relating to the 28-day telephone bills were rejected by the Council of State. The decision, taken on July 4 in the council chamber, rejected the main and incidental appeals and was filed today. Telephone companies that applied 28-day reimbursements as a result of the Council of State decision rejecting their appeal will now have to return 'illegitimately eroded days' since June 2017.Immediate compensation
"This decision, urgently requested by the Consumer Movement in the hearing of July 4, puts an end to the illegitimacy of the behavior of the telephone companies and the obligation to return the eroded days - declares Paolo Fiorio, lawyer who assisted the association before the Council of State. "The Consumer Movement believes that this is an unprecedented decision for the collective protection of consumers. Compensation must be automatic and immediate and must be independent of user requests. Telephone companies no longer have excuses and must comply with the Agcom resolution, otherwise we will ask for compliance with the sentences. The obvious illegitimacy of the application of the 28-day renewal and billing systems also concerns those who exercised their withdrawal from contracts after 23 June 2017. The companies will also have to reimburse these users to whom the return of the eroded days is not applicable. Altogether our estimates quantify the indemnities in around one billion euros ".
Attention to the proposals of the companies
"A victory on all fronts of consumers and Codacons, an association from whose complaints to Agcom and Antitrust the whole story of the 28-day bills was born". This was stated by President Carlo Rienzi. "The Codacons intervened before the Council of State - reads a note from the association - with an act in which the judges of Palazzo Spada were asked to confirm the decisions of the Authority and the TAR and to reject the operators' appeal phone. " "Now the way is open to direct reimbursements in favor of users who will have to receive a sum of between 30 and 50 euros each for the greater expenses incurred due to the illegitimate practice of 28-day bills. Telephone companies, as reported from Codacons in recent days, they are playing in advance by offering their customers compensation in the form of minutes and free internet traffic, but consumers must pay maximum attention: these offers are in fact at no cost to the telephone companies and may not compensate the credit boasted by users for 28-day billing. "
Anyone who has changed the manager will have to wait
"The telephone companies had appealed on how to return the eroded days but with today's pronouncement the application was rejected, so what we have been claiming and asking for some time has been recognized: the return of the days illegally subtracted from future bills" , says Federconsumatori. The decision concerns Vodafone, Wind Tre and Fastweb. For Tim, who appealed later, a sentence has not yet been issued. "Since the beginning of what has become a real odyssey for the users involved, we have stressed the need not to make the compensation conditional on the submission of requests, forms or other procedures and now the Council of State has also pronounced this direction, reiterating that the repayments must be automatic, as already established by Agcom ", states Federconsumatori who clarifies:" Anyone who has changed their manager in recent months will still have to wait for a special resolution from Agcom, which we hope will reach the most soon".