Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
Direction | ||
49. (1) Where the Commission is satisfied that a provider has failed to comply with a proposed resolution that is binding upon it by virtue of section 47 (2), the Commission may serve a direction on the provider requiring the provider to take such measures to ensure compliance with the resolution as are specified in the direction. | ||
(2) Without prejudice to the generality of subsection (1), a direction may require all or any of the following: | ||
(a) the reimbursement of payments by a provider to an end-user; | ||
(b) payment of compensation by a provider to an end-user; | ||
(c) payment by a provider in settlement of losses suffered by an end-user; | ||
(d) where the Commission is satisfied that the conditions, requirements or circumstances permitting such termination have been met, the termination of a contract between a provider and an end-user without the end-user incurring further costs; | ||
(e) the giving of an apology by a provider to an end-user; | ||
(f) the giving of an explanation by a provider to an end-user for any matter giving rise to a complaint; | ||
(g) compliance with a term or condition of the contract between the provider and the end-user; | ||
(h) compliance with a legal obligation pursuant to the law relevant to the relevant dispute. | ||
(3) The maximum amount of compensation that a provider may be directed to pay to any end-user under this section shall be €5,000 or such other lesser or greater amount as the Minister may prescribe. |