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

On May 28, 2014, The Supreme Court of Justice issued a ruling on inadmissibility of the appeals filed by JV "Eventis Mobile" LLC and "Iulerom" LLC against the ruling of the Court of Appeal (December 17, 2013), by which the Court maintained the judgment of Ciocana Court (09.09.2013), which confirmed the legality and validity of the actions taken by the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI) related to withdrawal of the license of JV "Eventis Mobile" LLC for the provision of mobile GSM cell services.

The Supreme Court of Justice ascertained that the Court of Appeal thoroughly examined the case in all its aspects, in compliance with the rules of procedure and correct application of material law, while the arguments of the appeals, which in their essence, are similar with the arguments invoked in the court of appeal, were thoroughly checked.

The reasoning to the Court of Appeal ruling says that under Art. 20 (5) of the Law on regulating entrepreneurial activity by licensing, Art. 343⁵ of the Code of Civil Procedure and Art. 17 (6) of the Law on basic principles of regulating entrepreneurial activity, the removal of circumstances leading to the suspension of the license of JV "Eventis Mobile" LLC is the exclusive competence of the court, which issued the license-suspension decision. The fact that the court did not issue such a decision, which means it did not establish the circumstances that led to the license suspension, justifies the legality ANRCETI decision to withdraw the license of JV "Eventis Mobile" LLC.

The Court of Appeal also ascertained that ANRCETI correctly assessed its powers in terms of not being empowered to judge, whether the contract of alienation of JV "Eventis" LLC as a single property complex to "Iulerom" LLC is the removal or circumstances leading to the suspension of the JV "Eventis" LLC license.

ANRCETI issued the decision to withdraw the mentioned license on 16.08.2013, for the reason that JV „Eventis Mobile” LLC failed to remove the circumstances leading to the suspension of the license within the prescribed timeframe.

JV "Eventis Mobile" LLC obtained the license for GSM cell mobile service provision in December 2006, while in December 2007 launched the commercial provision of its services. Since April 2010, by virtue of a Court of Appeal judgment, JV "Eventis Mobile" LLC has undergone an insolvency process.

May 29, 2014