# C_2013352EN.01000902.xml

| 30.11.2013 | EN | Official Journal of the European Union | C 352/9 |
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30.11.2013

EN

Official Journal of the European Union

C 352/9

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Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 27 September 2013 — Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA, v Province de Namur

(Case C-517/13)

2013/C 352/17

Language of the case: French

Referring court

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings

Parties to the main proceedings

Applicant: Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA

Applicant:

Defendant: Province de Namur

Defendant:

Questions referred

Questions referred

| 1. | Must Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (1) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures used in the context of performing activities covered by a general authorisation granted pursuant to that directive (as the case may be, distinguishing the situation in which those infrastructures are established on private property from the situation in which they are established on public property)? |
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1.

Must Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (1) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures used in the context of performing activities covered by a general authorisation granted pursuant to that directive (as the case may be, distinguishing the situation in which those infrastructures are established on private property from the situation in which they are established on public property)?

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| 2. | Must Article 6(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures which does not feature among the conditions listed in Part A of the annex to that directive, in particular as it does not constitute an administrative charge within the terms of Article 12? |
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2.

Must Article 6(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures which does not feature among the conditions listed in Part A of the annex to that directive, in particular as it does not constitute an administrative charge within the terms of Article 12?

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(1)  OJ 2002 L 108, p. 21.

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