CELEX: 62011CN0055
Language: en
Date: 2011-02-07 00:00:00
Title: Case C-55/11: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 7 February 2011 — Vodafone España, S.A.

7.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/12
            
         Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 7 February 2011 — Vodafone España, S.A.
   (Case C-55/11)
   2011/C 139/22
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Supremo
   
      Parties to the main proceedings
   
   
      Appellant: Vodafone España, S.A.
   
      Questions referred
   
   
               1.
            
            
               Must Article 13 of Directive 2002/20/EC (1) of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) be interpreted as precluding national legislation under which a fee may be required for the right to install facilities on municipal public land from operating undertakings which, without being proprietors of the network, use it to provide mobile telephony services?
            
         
               2.
            
            
               In the event that the levy is found to be compatible with Article 13 of Directive 2002/20/EC, do the conditions in accordance with which the fee is required under the contested local regulation satisfy the requirements of objectivity, proportionality and non-discrimination laid down in that provision, together with the need to ensure the optimal use of the resources concerned?
            
         
               3.
            
            
               Is it appropriate to recognise Article 13 of Directive 2002/20/EC as having direct effect?
            
         
      (1)  OJ L 108, p. 21