National Regulatory Agency for Electronic Communications and Information Technology of the Republic of Moldova

Yesterday, September 9, the Court issued a decision upholding the legality and validity of the application of the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI) on withdrawal of activity license of JV "Eventis Mobile" LLC for cell mobile telephony service provision, starting August 16, 2013, when the Administrative Board approved a decision in this regard.

Pursuant to the legislation in force, ANRCETI, within 3 days after issuing this decision, filed an application regarding the withdrawal of license JV „Eventis Mobile” LLC to court for a ruling to be pronounced as to the decision. The following provisions served as legal basis for this action Art. 21 (2) e) of the Law on regulating entrepreneurial activity through licensing no.451-XV of 30.07.2001 (Law 451/2001) in corroboration with Art. 31 (2) b) of the Law on Electronic Communications no. 241-XVI of 15.11.2007, which provide that if the license holder fails to remove the circumstances that led to license suspension, the license can be withdrawn.

On May 22, 2013, at the request of the administrator of insolvency procedure of JSC "Eventis Mobile" LLC, ANRCETI temporarily suspended the company’s license. This decision, subsequently validated by Ciocana court ruling of 05/29/2013, expressly required that JV "Eventis Mobile" LLC remove the circumstances that led to license suspension and notify ANRCETI about this fact, in written form. Since the license holder failed to meet its obligation, ANRCETI had to reiterate the requirement, however the company failed to comply.

Under the provisions of Art. 17 (6) of the Law on basic principles of entrepreneurial activity no. 235-XVI of 20.07.2006 in correlation with Art. 20 (5) of Law 451/2001 and Art. 3435 of the Code of Civil Procedure of the Republic of Moldova no. 225-XV of 30.05.2003, only a court ruling can be the only evidence legally proving that the circumstances that led to license suspension have been removed. With no such ruling, according to its legal duties, ANRCETI has the right to withdraw the license, if the license holder fails to remove, within the prescribed time, the circumstances that led to temporary license suspension.

JV „Eventis Mobile” LLC was granted the license for GSM cell mobile telephony service provision in December 2006, whereas in December 2007 launched its commercial services. Since April 2010, by virtue of a decision of the Economic Court, JV „Eventis Mobile” LLC is under insolvency process.

September 10, 2013