Opinion of the Advocate General — ECLI:EU:C:2002:762
Date: 2002-12-12
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services;Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Italy

SUMMARY — JOINED CASES C-292/01 AND C-293/01 
Summary of the Judgment 
Approximation of laws •—• Telecommunications services — Common framework for 
general authorisations and individual licences •—• Directive 97/13 — Fees and charges for 
undertakings holding individual licences •—• Imposition of financial charges beyond those 
authorised by the Directive — Not permissible 
(Directive of the European Parliament and of the Council 97/13, Art. 11) 
Directive 97/13/EC on a common frame­
work for general authorisations and indi­
vidual licences in the field of telecommuni­
cations services and, in particular, 
Article 11 thereof, prohibit Member States 
from imposing financial charges, other than 
and in addition to those allowed by the 
directive, such as a charge calculated on the 
basis of a percentage of turnover, on 
undertakings which hold individual 
licences in the telecommunications sector 
solely because they hold such licences. 
(see para. 42, operative part) 
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