Judgment — ECLI:EU:C:2026:156
Date: 2026-03-05
Language of the case: Italian
Court formation: Eighth Chamber
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 9 January 2025 – Elettronica Industriale SpA v Ministero delle Imprese e del Made in Italy (Case C-10/25, Elettronica Industriale) Language of the case: Italian Referring court Tribunale amministrativo regionale per il Lazio Parties to the main proceedings Applicant: Elettronica Industriale SpA Defendant: Ministero delle Imprese e del Made in Italy Question referred Does Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 1 on the authorisation of electronic communications networks and services, in conjunction with Article 8 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 2 on a common regulatory framework for electronic communications networks and services, as well as the principle [of EU law] of proportionality, preclude the introduction, by the legislature of a Member State, of a criterion for calculating ‘fees for granting rights of use and rights to install facilities’, imposed on operators with a view to generating specific overall tax revenues and thus related to general public finance targets, regardless of the need to ensure the proper functioning of the electronic communications market and the protection of users, and must the national court disapply that provision? ____________ 1 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) (OJ 2002 L 108, p. 21). 1 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33).