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How to appeal

Three-step dispute resolution process

  • 1.

    RESOLVING AN APPEAL OR COMPLAINT TO AN OPERATOR OR POSTAL SERVICE PROVIDER

    How?

    Through a written appeal or complaint with a clearly described reason for the appeal and any potential evidence attached.

     

    To whom?

    The complaint department of your operator/postal service provider.

     

    When?

      • If the dispute is with an operator, the appeal should be submitted within 15 days of receiving the invoice or within 15 days of the date you were informed of the operator's decision or action on which the complaint is focused.
      • If the dispute is with a postal service provider within 30 days of the date you were informed of the provider's decision or action on which the complaint is focused. If the dispute is related to damage caused a complaint should be submitted within 3 months after the shipment was posted or immediately upon delivery or within 30 daysfrom delivery if the damage is not visible immediately.

    What you should do in any case?

    Pay the undisputed amount of the invoice.


  • 2.

    SUBMITTING A PROPOSAL FOR DISPUTE RESOLUTION TO THE AGENCY

    When?

    End users of electronic communications may bring their dispute to the Agency if the operator:

    • does not approve the complaint: the end user must then submit a proposal for dispute resolution to the Agency within 15 days of receiving the operator's decision,
    • does not reach a decision within 15 days of receiving the complaint: the end user must then submit a proposal for dispute resolution to the Agency within 30 days of submitting the complaint,
    • approves the complaint, but does not fulfil its obligation within 15 days of submitting the complaint to the end user: the end user must then submit a proposal for dispute resolution to the Agency within 15 days after the deadline for fulfilling the obligation has passed.

     

    A user of postal services may bring the dispute to the Agency within 15 daysif the postal service provider:

    • does not approve the complaint,
    •  does not reach a decision within 15 days of receiving the complaint,
    • does not respond to a complaint that includes a claim for compensation,
    • does not respond to a complaint that includes a claim for compensation related to the provision of the universal service, does not approve it, or does not approve it in full.
  • 3.

    DISPUTE RESOLUTION AT THE AGENCY

    After receiving the request the Agency must first verify whether the request is complete and on time, and whether the subject of the dispute is within the Agency's scope of authority. If the request is incomplete or is incomprehensible, the Agency calls on the end user to supplement it. If the subject of the dispute is not in the Agency's scope of authority, the Agency issues a decision rejecting the request or forwards it to other competent institutions (e.g. Market Inspector of the Republic of Slovenia, the Police, etc.).

    Next step is the Agency's intervention. The purpose of intervention is for both parties to reach a settlement. If the user and the operator/postal service provider settle, the Agency stops the procedure with a decision. Otherwise the Agency continues the procedure and issues a decision at the end.

    In the continued procedure the Agency establishes the facts, implements the evidence and holds a hearing. The disputed parties may still reach a settlement or an agreement or withdraw the request, and it is possible that the Agency rejects the request, if it establishes during the procedure that it is not in its authority to rule on this matter.

    If the parties in dispute do not reach an agreement, the Agency resolves the dispute by issuing a decision. This decision is final and enforceable, and if either of the parties disagrees with the decision, they may submit a lawsuit before the Administrative Court.

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