• Field
  • Date
  • Category
    Geschäftsbedingungen und Entgelte
  • Parties
    T-Mobile Austria GmbH
  • GZ
    G 115/08

G 115/08 - T-Mobile Austria GmbH

In its session on September 22, 2008, the Telekom Control Commission issued the following decision:

"Under Art. 25 Par. 6 of the Telecommunications Act (TKG) 2003, the Telekom Control Commission raises an objection to the general terms and conditions which were notified by T-Mobile Austria GmbH in accordance with Art. 25 TKG 2003 on August 5, 2008 and are attached as an integral part of the ruling in this official decision."

In Decision G 115/08-06, the Telekom Control Commission raised an objection to the general terms and conditions notified by T-Mobile Austria GmbH under Art. 25 TKG 2003 due to a violation of Art. 879 Par. 3 of the Austrian General Civil Code (ABGB). In its decision, the Telekom Control Commission explained that the unacceptable state of suspense created for the subscriber as identified by the Vienna Commercial Court in Ruling 19 Cg 46/08y of June 17, 2008 cannot be eliminated by merely shortening the period for rejecting changes to contractual terms which are not exclusively favorable from 4 weeks to 7 business days and thus rendering the subscriber's privilege to terminate the contract free of charge under § 25 TKG 2003 ineffective.

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