Decision of TKK (07.07.2008)

TKK
07. 07. 2008
Geschäftsbedingungen und Entgelte
My Phone GmbH
G 66/08

In Decision G 066/08-09, the Telekom Control Commission raised an objection to the general terms and conditions notified by My Phone GmbH under Art. 25 TKG 2003 due to violations of Art. 6 Par. 2 No. 1 of the Austrian Consumer Protection Act and Art. 879 Par. 3 of the Austrian General Civil Code (ABGB). In this case, it was not necessary to review the extent to which the other clauses in the company's terms and conditions met the relevant standards according to Art. 25 Par. 6 TKG 2003, as an objection was already raised to the terms and conditions notified due to their violation of Art. 6 Par. 2 No. 1 of the Austrian Consumer Protection Act and Art. 879 Par. 3 of the Austrian General Civil Code (ABGB).

On July 7, 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 notified by My Phone GmbH in accordance with Art. 25 Par. 2 TKG 2003 in the version of July 1, 2008."

This official decision is legally effective. The Austrian Administrative Court dismissed the complaint filed by My Phone GmbH on September 3, 2008 (No. 2008/03/0125) as unfounded.

 

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