CELEX: C2004/284/25
Language: en
Date: 2004-11-20 00:00:00
Title: 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

20.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/13
            
         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
   (Case C-422/04)
   (2004/C 284/25)
   Reference has been made to the Court of Justice of the European 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 individual licences in the field of telecommunications services (the licensing directive) to be interpreted as precluding the imposition 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.