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Regulation (EU) 2024/1309 of the European Parliament and of the Council of 29 April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act) (Text with EEA relevance)

article  13

CELEX:  02024R1309-20240508

Dispute settlement
1. Without prejudice to the possibility to refer a case to a court, any party shall be entitled to refer to the competent national dispute settlement body established pursuant to Article 14 a dispute that may arise:
(a) where access to existing infrastructure is refused or agreement on specific terms and conditions, including price, has not been reached within one month of the date of receipt of the request for access under Article 3;
(b) in connection to the rights and obligations set out in Articles 4 and 6, including where the information requested is not provided within the applicable deadlines;
(c) where an agreement on the coordination of civil works pursuant to Article 5(2) has not been reached within one month of the date of receipt of the formal request to coordinate civil works; or (d) where an agreement on access to in-building physical infrastructure referred to in Article 11(2) or (3) has not been reached within one month of the date of receipt of the formal request for access.
Regulation (EU) 2024/1309 of the European Parliament and of the Council of 29 April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act) (Text with EEA relevance)

article  13

CELEX:  02024R1309-20240508

Member States may provide that, in the event of disputes referred to in paragraph 1, points (a) and (d), where the entity from which the operator requested access is at the same time the entity entitled to grant the right of way to the property on, in or under which the subject of the access request is located, the competent national dispute settlement body may also resolve disputes regarding the right of way.
2. Taking full account of the principle of proportionality and the principles established in the relevant Commission guidance or BEREC guidelines, the national dispute settlement body referred to in paragraph 1 shall issue a binding decision to resolve the dispute:
(a) within four months of the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
(b) within one month of the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (c) and (d). Those deadlines may be extended only in duly justified exceptional circumstances.
Regulation (EU) 2024/1309 of the European Parliament and of the Council of 29 April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Gigabit Infrastructure Act) (Text with EEA relevance)

article  13

CELEX:  02024R1309-20240508

3. As regards disputes referred to in paragraph 1, points (a), (c) and (d), the decision of the national dispute settlement body may consist in setting fair and reasonable terms and conditions, including price, where appropriate.
4. The dispute settlement bodies shall publish their decisions, while respecting the principles of confidentiality and protection of business secrets. The single information point shall ensure access to the decisions published by the dispute settlement bodies. Where the dispute relates to access to the infrastructure of an operator and the national dispute settlement body is the national regulatory authority, the objectives set out in Article 3 of Directive (EU) 2018/1972 shall be taken into account, where appropriate.
5. This Article complements and is without prejudice to the judicial remedies and procedures in compliance with Article 47 of the Charter of Fundamental Rights of the European Union.