Official Gazette-Issue 41- Addendum - 23/7/2002 Article 42: Prosecution Measures taken by the TRA shall not prevent penal prosecution before the competent court in cases where the infringement constitutes a crime punishable under applicable laws unless such infringement constitutes only an infringement of the rights of third parties that was resolved amicably under the sponsorship of the TRA. In the event the competent court decides to confiscate equipment and facilities employed in the infringement, such confiscation shall be deemed to be in favor of the TRA which shall then dispose of them in a sale by auction for the benefit of the Treasury. Article 43: Disputes Resolution 1) The TRA shall have the power to resolve, based on complaints filed with it, disputes arising between Service Providers or between Service Providers and their Customers or the Users of their services. The provisions of Articles 41 and 42 shall be observed in any attempt to reach an amicable settlement, provided always that the rights of the defendant shall be respected during the settlement of the dispute. 2) Decisions of the TRA in the settlement of disputes may be appealed before the competent Civil Court of Appeal. Rulings of the Court of Appeal are final and may not be subject to any ordinary or extra-ordinary challenge. 3) In the event of an infringement of License conditions, the provisions of the present Law, or the regulations established pursuant to the provisions of the present Law is discovered during an examination of a dispute, the TRA shall have the right to notify the infringing party, propose an amicable solution, or impose a suitable penalty, in accordance with the provisions of the preceding Articles. 28