# C_2004251EN.01000601.xml

| 9.10.2004 | EN | Official Journal of the European Union | C 251/6 |
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9.10.2004

EN

Official Journal of the European Union

C 251/6

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Reference for a preliminary ruling by the Consiglio di Stato sitting in judicial capacity (Sixth Chamber) by order of that court of 24 February 2004, in the case of Nuova Società di Telecomunicazioni SpA against Ministero delle Comunicazioni (Ministry of Communications)

(Case C-339/04)

(2004/C 251/11)

Reference has been made to the Court of Justice of the European Communities by order of the Consiglio di Stato sitting in judicial capacity (Sixth Chamber) (Italy) of 24 February 2004, received at the Court Registry on 9 August 2004, for a preliminary ruling in the case of Nuova Società di Telecomunicazioni SpA against Ministero delle Comunicazioni (Ministry of Communications) and ENI SpA on the following questions:

| (a) | Is a national provision which — having required companies entitled to provide public utility services, which have established telecommunications networks in the past to meet their own needs under a system of paid franchises, to set up a separate company to carry out any activity in the field of telecommunications — provides that the separate company, although licensed to provide public services, must pay, albeit only on a temporary basis, an additional fee for the allocation of the telecommunications network to the parent company, compatible with the basic principles laid down in the abovementioned Directive 97/13? (1) |
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(a)

Is a national provision which — having required companies entitled to provide public utility services, which have established telecommunications networks in the past to meet their own needs under a system of paid franchises, to set up a separate company to carry out any activity in the field of telecommunications — provides that the separate company, although licensed to provide public services, must pay, albeit only on a temporary basis, an additional fee for the allocation of the telecommunications network to the parent company, compatible with the basic principles laid down in the abovementioned Directive 97/13? (1)

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| (b) | Is a national provision which calculates (it should be stressed, on a temporary basis) the second and additional fee charged for the activity carried out for the parent company on the basis of what was paid in the past by the parent company under the previous system of exclusive rights, with separate franchises for telecommunication systems for public use and franchises for systems for private use, consistent with Community law and the interpretation placed thereon by the Fifth Chamber of the Court of Justice in its judgment of 18 September 2003? |
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(b)

Is a national provision which calculates (it should be stressed, on a temporary basis) the second and additional fee charged for the activity carried out for the parent company on the basis of what was paid in the past by the parent company under the previous system of exclusive rights, with separate franchises for telecommunication systems for public use and franchises for systems for private use, consistent with Community law and the interpretation placed thereon by the Fifth Chamber of the Court of Justice in its judgment of 18 September 2003?

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(1)  OJ L 117, p. 15.

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