Dreptul de acces pe proprietate al furnizorului de servicii de telecomunicaţii. Imposibilitatea constatării condiţiilor prevăzute de lege pe cale de apărare. Efectul constitutiv de drepturi al hotărârii prevăzute de art. 13 din Legea nr. 159/2016

The telecoms service provider's right of access to property. Failure to establish the conditions prescribed by law as a defence. The constitutive effect of rights of the judgement provided for by Article 13 of Law No 159/2016

Abstract

The fulfilment of the conditions provided for by Law 159/2016 for the recognition of the right of the providers of public electronic communication networks to access the land owned by another person for the provision of communication services cannot be analyzed by way of defence, as long as there is another legal remedy for the recognition of the exercise of this right, namely the filing of an action under Article 13 of Law 159/2016.

On the other hand, the court cannot validate the exercise of a right with...