CELEX: 62013CA0346
Language: en
Date: 2015-10-06 00:00:00
Title: Case C-346/13: Judgment of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Ville de Mons v Base Company SA, formerly KPN Group Belgium SA (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 13 — Fee for rights to install facilities — Scope — Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax)

30.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 398/2
            
         Judgment of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Ville de Mons v Base Company SA, formerly KPN Group Belgium SA
   (Case C-346/13) (1)
   
   ((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Article 13 - Fee for rights to install facilities - Scope - Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax))
   (2015/C 398/02)
   Language of the case: French
   
      Referring court
   
   Cour d’appel de Mons
   
      Parties to the main proceedings
   
   
      Applicant: Ville de Mons
   
      Defendant: Base Company SA, formerly KPN Group Belgium SA
   
      Operative part of the judgment
   
   Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) must be interpreted as not precluding a tax, such as that at issue in the main proceedings, being imposed on the owner of free-standing structures, such as transmission pylons or masts intended to support the antennas required for the functioning of the mobile telecommunication network, and which it was not possible to place on an existing site.
   
      (1)  OJ C 252, 31.8.2013.