The lawyer of the Consumers' Union of Pontevedra, Miguel Fernández - stone quarry, it has pointed out that the damages to the consumers and to the involved companies add 927 million euros, although the judgment leaves without effect this quantity, as he gathers The Voice of Gallicia.

The suit was presented in the Provincial Hearing of Madrid because it was directed against Digital Satellite channel (at present Digitalis +) and the jueza of the court nº 1 of Vigo urged the claimant to whom it was presenting the writing in the domicile of the respondent.

The Consumers' Union of Pontevedra presented the litigation on April 24 against digital Satellite channel, S.L., and with it one was asking to declare itself "Void of right plenary meeting or simply excessive" the clauses of the contract of lease of the decoders on the part of Satellite channel, since the company was having to use the terminal decoder that they commercialize also.

The lawyer who represents the consumers of the province of Pontevedra called to the phone of attention to the client asking if it was possible to use some another existing decoder on the market that could exist in the future and in the company they answered him that it was not possible. The conversation was recorded and contributed like test in the judgment that celebrated in the first instance in the Court nº 28 of Madrid. Later the mistake was appealed and the Provincial Hearing gave the account to the appellant.


Recurrible to the supreme one

According to the judgment, "Digital Satellite channel will have to eliminate of his general conditions the clauses 1.2 and 4.6 meanwhile they subordinate the rent of the decoder to the hiring of the service, abstaining from using them in the future, so that there could hire the services offered without need for lease necessary the decoder". The judgment also fond of the company that was distributing the material.

As admitted the attorney Miguel Fernández-Pedrera, it is probable that Digitalis + resorts to the Supreme Court. In story trump this one, if the Consumers' Union of Pontevedra supports the reason of his part. Digitalis + will have a term of three months to commercialize to his subscribers the possibility of keeping on hiring the decoder or, if they prefer it, to stop giving him this service.


(The Voice of Gallicia, 25/01/09)