Case C-422/04: Reference for a preliminary ruling by the Bundesverwaltungsgericht by order of that court of 7 July 2004 in the case ISIS Multimedia GmbH & Co. KG against the Federal Republic of Germany
Date: 2004-11-20
Institutions: Court of Justice
Subjects: interpretation of the law, overheads, quasi-fiscal charge, telecommunications, trade licence

20.11.2004

EN

Official Journal of the European Union

C 284/13

Reference for a preliminary ruling by the Bundesverwal-
tungsgericht by order of that court of 7 July 2004 in the
case ISIS Multimedia GmbH & Co. KG against the Federal
Republic of Germany

(Case C-422/04)

(2004/C 284/25)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Bundesverwaltungsgericht
of 7 July 2004, which was received at the Court Registry on 4
October 2004, for a preliminary ruling in the case of ISIS
Multimedia GmbH & Co. KG against the Federal Republic of
Germany on the following questions:

1. Is Article 11(1) of Directive 97/13/EC (1) of the European
Parliament and of the Council of 10 April 1997 on a
common framework for general authorisations and indivi-
dual licences in the field of telecommunications services (the
licensing directive) to be interpreted as precluding the impo-
sition of a licence fee calculated to anticipate the amount of
a national regulatory authority's general administrative costs
over a period of 30 years, to be charged in advance?

If the answer to Question 1 is in the affirmative:

2. Are Article 10 EC and Article 11 of the licensing directive
to be interpreted as meaning that a fee assessment that
determines fees within the meaning of Question 1 and
which has not been contested although such a possibility is
afforded under national law must be set aside where that is
permissible under national law but not mandatory?

(1) OJ L 117, p. 15.

Action brought on 30 September 2004 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-429/04)

(2004/C 284/26)

An action against the Kingdom of Belgium was brought before
the European Communities on 30
the Court of
September 2004 by the Commission of the European Commu-
nities, represented by Knut Simonsson and Wouter Wils.

Justice of

The applicant claims that the Court should:

1. Declare that, by not adopting the legislative and administra-
tive measures necessary in order to implement Directive
2001/96/EC (1) of the European Parliament and the Council
of 4 December 2001 establishing harmonised requirements
and procedures for the safe loading and unloading of bulk
carriers, or at any rate by not informing the Commission
thereof, the Kingdom of Belgium has failed to fulfil its obli-
gations under that directive.

2. Order the Kingdom of Belgium to pay the costs.

Pleas and main arguments

The period allowed for transposition of Directive 2001/96/EC
expired on 5 August 2003.

(1) OJ 2001 L 13, p. 9.

Removal from the register of Case C-362/03 (1)

(2004/C 284/27)

By order of 22 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-362/03: Commission of the European
Communities v Republic of Austria.

(1) OJ C 264 of 1.11.2003.