Judgment — ECLI:EU:C:2008:106
Date: 2008-02-21
Language of the case: Italian
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Telecommunications
Concepts: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Approximation of laws – Telecommunications sector – Common framework for general authorisations and individual licences – Directive 97/13 – Fees and charges for general authorisations and individual licences (European Parliament and Council Directive 97/13, Arts 6, 11, 22 and 25) Articles 6, 11, 22 and 25 of Directive 97/13 on a common framework for general authorisations and individual licences in the field of telecommunications services preclude a Member State from requiring an operator, formerly the holder of an exclusive right to provide public telecommunications services and then the holder of a general authorisation, to pay a pecuniary charge corresponding to the amount previously demanded for that exclusive right, for one year from the final date laid down for transposition of that directive into national law, namely 31 December 1998. (see para. 45, operative part)