At its session held on 27.09.2012, the Communications Regulation Commission (CRC) adopted with official decision No 5 of 27.09.2012 the following position on the interpretation and application of art. 228, para 3, 4 and 5 of LEC:

 

With the Law on amendment and supplement to the LEC, in force from 29.12.2011, it was created a new provision of art. 228, para 3, by virtue of which the individual contract in general terms shall come into force within 7 days after its conclusion, except in the case if the subscriber hasn’t explicitly announced in written his desire the contract to become effective immediately. Further, in para. 5 of the indicated article, the right of the subscriber to unilaterally terminate the contract within 7-day time limit under para. 3, where applicable, without paying penalties for this, has been regulated. In para. 4 of Art. 228 of the LEC an additional rule with the following content has been introduced as well: "(4) The absence of a stated desire of the subscriber under para. 3 for immediate entry into force of the contract cannot be reason for the undertaking to refuse conclusion of a contract. An exception to this requirement is allowed in the cases when signing the contract terminal devices shall be provided”.

 

Having regard to that regulation, if in the individual contract in general terms it is not explicitly written that the same shall take effect immediately (from the day of its conclusion), it follows ("ex lege"), that the contract shall come into force within seven days after its conclusion, regardless of the fact whether the undertaking has provided terminal device or not, respectively - the subscriber can terminate the contract within these seven days without penalty.

 

In addition, the undertaking has the right to refuse conclusion of a contract with a suspensive term of 7 days under the art. 228, para. 3 of LEC, as well as it may require this contract to take effect immediately if he provides the subscriber with terminal device.