Judgment — ECLI:EU:C:2015:819
Date: 2015-12-17
Language of the case: French
Court formation: Third Chamber
Subject matter: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary — Judgment of the Court (Third Chamber), 17 December 2015 Approximation of laws — Telecommunications sector — Electronic communications networks and services — Authorisation — Directive 2002/20 — Taxes and charges applicable to undertakings providing electronic communications services or networks — Concept — Charge on the owners of rights over mobile telephony antennae — Included — Conditions (European Parliament and Council Directive 2002/20, Arts 12 and 13) Articles 12 and 13 of Directive 2002/20 on the authorisation of electronic communications networks and services (Authorisation Directive) must be interpreted as not precluding a charge being imposed on any natural or legal persons who are proprietors of a right in rem over, or of a right to operate, a mobile telephony antenna. Although that charge is imposed on all natural or legal persons who are proprietors of a right in rem over, or of a right to operate, a mobile telephony antenna, which constitutes physical infrastructure enabling the provision of electronic communications networks and services, it does not appear that that charge has the characteristics of a fee which is imposed on undertakings providing electronic communications networks and services in return for the right to install facilities. Furthermore, the trigger for that charge does not appear to be linked to a general authorisation procedure entitling the undertakings to provide electronic communications networks and services, although that is a matter to be determined by the national court. (see paras 26, 28, 29, operative part)