Mediaforum 2013

01 January 2013

Elvira Bergansius

This article was published in this year's first edition of Mediaforum. It concerns an annotation (page 31 - 16) to the judgment by the Dutch Supreme Court of 16 December 2011.

The case is about the relocation regulation, section 5.8 Dutch Telecommunications Act. A case that is interesting for the telecoms providers that have to relocate their cables at the request of a third party (the person subject to a tolerance obligation or not). The annotation discusses 3 questions that form the core of the judgment:

1) Which relocation request is relevant if multiple requests have been made?
2) On whom does the tolerance obligation rest?
3) When do we speak about work "behind or because of" the person subject to a tolerance obligation?

View the article (in Dutch)