pay the Communications Regulatory Authority a dispute settlement fee set in accordance
with the procedure and conditions set out in Article 6(3) of this Law. Where the application
is satisfied in full or in part, the respondent, at the applicant’s request, may be ordered by a
decision satisfying the application to compensate the applicant for the amount of the fee
paid in proportion to the amount of claims satisfied. Should the costs of dispute settlement
exceed the fee paid by the applicant, the Communications Regulatory Authority shall have
the right, when issuing a decision concerning the dispute, to distribute the costs of settling
the dispute between the parties, taking account of whether or not the application is satisfied
and the extent to which it is satisfied (i.e. in proportion to the amount of the claims satisfied
and rejected). Undertakings or persons may not request compensation for the amounts paid
to the Communications Regulatory Authority for specific services rendered to them in
relation to dispute settlement. In the event that the application is rejected, left without
consideration or its consideration is discontinued, the Communications Regulatory
Authority shall not refund the fees paid by the applicant.
3. At the request of the party in whose favour the decision of the Communications
Regulatory Authority has been taken, the Communications Regulatory Authority may order
the other party to compensate the winning party for the costs of dispute settlement. In this
case, Article 93(2) of the Code of Civil Procedure shall be applied mutatis mutandis. A party
in whose favour the decision has been taken shall have the right to the compensation of
expenses paid for lawyer’s or assistant lawyer’s advice in conformity mutatis mutandis with
Article 98 of the Code of Civil Procedure.
4. The Communications Regulatory Authority shall resolve the dispute in conformity
with the principles and objectives of this Law as well as in conformity with the principles
of concentration and cost effectiveness, cooperation, competition, optionality and
procedural equality of the parties referred to in Articles 7, 8, 12, 13 and 17 of the Code of
Civil Procedure to be applied mutatis mutandis, unless otherwise provided for in this Law.
5. When accepting an application for dispute resolution, provisions of Article 115(1)
to (4) of the Code of Civil Procedure shall apply mutatis mutandis.
6. The Communications Regulatory Authority shall refuse to accept an application
for dispute resolution in the following cases:
1) it is not competent to consider the dispute;
2) a decision by the Communications Regulatory Authority, the court or the
arbitration court has come into effect regarding a dispute between same parties on same
subject matter and on same basis, or a decision by the Communications Regulatory
47