Judgment — ECLI:EU:C:2015:820
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 — Fee for the rights of use and rights to install facilities — Concept — Charge on the operation of mobile telephony network transmission and reception pylons and/or units — Not included (European Parliament and Council Directive 2002/20, Arts 6 and 13) Articles 6 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 operating mobile telephony network transmission and reception pylons and/or units. Although such a charge is imposed on all natural or legal persons operating mobile telephony network transmission and reception pylons and/or units, which constitute physical infrastructure enabling 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. (see paras 35, 36, operative part)