Dispute Resolution Procedure in 3 Steps

STEP 1: resolving complaints or claims with the operator or postal service provider

How?

With a written complaint or claim, with clearly explained reason for the complaint and attached evidence, if there is any.

To whom?

To the claims office of the operator/postal service provider.

When?

In case of a dispute with an operator, within 15 days of receiving the invoice, or within 15 days of learning of the disputed decision or action of the operator.
 
In case of a dispute with a postal service provider, within 30 days of learning of the disputed decision or action of the postal service provider. In case of a dispute over damage caused, claims must be filed within three months of posting the postal item, or immediately upon delivery, or within 30 days of delivery at the latest, if the defects were not immediately visible.

What do you have to do in any case?

Pay the undisputed share of the invoice. 

STEP 2: filing a proposal for dispute resolution with the Agency

When?

The end user of electronic communications may continue a dispute resolution procedure through the Agency, if the operator:

• does not grant the claim,
  • in this case the end user must file a proposal for resolving the dispute through the Agency within 15 days of receiving the operator’s decision;

• does not make a decision on the complaint within 15 days,
  • in this case the end user must file the proposal for resolving the dispute through the Agency within 30 days of filing the complaint;

• grants the complaint however fails to fulfill its obligations within 15 days of serving the decision to the end user,
  • in this case the end user must file the proposal for resolving the dispute with the Agency within 15 days of the deadline for fulfilling said obligations.

 Users of postal services may continue the dispute resolution procedure through the Agency within 15 days, if the postal service provider:

• does not grant the claim,

• does not issue a decision within 15 days of receiving the complaint,

• does not respond to a claim that includes a damages claim,

• does not respond to a claim that includes a damages claim, does not grant the claim or grant it in full, if the case pertains to the provision of universal service.

 Here we would like to inform postal service users that in accordance with the latest case law of the Administrative Court of the Republic of Slovenia (cases I U 372/2010, I U 146/2011 and I U 1173/2012), the Agency is not always responsible for making decisions in damages claims over the loss, damage, theft, or robbery of registered and insured letters or parcels, nor over exceeded delivery times, or unperformed or only partly or incorrectly performed postal services for the aforementioned postal items. The Agency is only responsible in cases related to universal postal service, while in other cases only if the postal service provider fails to respond to a claim including a damages claim (para. 4 of Article 51 of ZPSto-2 and case I U 1173/2012). In other cases, civil action must be initiated before the local competent court of civil jurisdiction and the case must be pursued as a lawsuit.

How to file a dispute with the Agency?

See instructions for filing a claim.

STEP 3: resolving the dispute through the Agency

After receiving a claim, the Agency first examines whether the claim is complete, timely, and whether or not the disputed issue is under its jurisdiction. If the claim is incomplete or incomprehensible, the Agency calls on the filing party to supplement it. If the disputed issue is not under its jurisdiction, the Agency rejects the claim with a decision or passes it on to other bodies if the issue is under their jurisdiction (e.g. the Market Inspectorate of the Republic of Slovenia, police).
 
The next phase is the Agency’s mediation. The purpose of mediation is to achieve a settlement between the parties in dispute. If the user and operator/postal service provider reach a settlement, the Agency stops the procedure with a decision. If a settlement is not reached, the agency carries on with the procedure and rules on the dispute with a decision.
 
The Agency continues the procedure by establishing the actual situation, producing evidence, and holding an oral hearing. The parties in dispute can still settle, reach an agreement, or withdraw the claim, and the Agency can also dismiss the case, if it concludes during the procedure that the disputed issue is not under its jurisdiction.
 
If the parties in dispute fail to reach an agreement, the Agency resolves the dispute with a decision. The decision is final and enforceable, while any of the parties can challenge it before the Administrative Court if they disagree.