CELEX: 62010CA0284
Language: en
Date: 2011-07-21 00:00:00
Title: Case C-284/10: Judgment of the Court (Seventh Chamber) of 21 July 2011 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Telefónica de España SA v Administración del Estado (Directive 97/13/EC — Common framework for general authorisations and individual licences in the field of telecommunications services — Fees and charges applicable to undertakings holding general authorisations — Article 6 — Interpretation — National legislation imposing an annual fee calculated on the basis of a percentage of gross operating income)

10.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/16
            
         Judgment of the Court (Seventh Chamber) of 21 July 2011 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Telefónica de España SA v Administración del Estado
   (Case C-284/10) (1)
   
   (Directive 97/13/EC - Common framework for general authorisations and individual licences in the field of telecommunications services - Fees and charges applicable to undertakings holding general authorisations - Article 6 - Interpretation - National legislation imposing an annual fee calculated on the basis of a percentage of gross operating income)
   2011/C 269/26
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Supremo
   
      Parties to the main proceedings
   
   
      Applicant: Telefónica de España SA
   
      Defendant: Administración del Estado
   
      Re:
   
   Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Directive 97/13/EC 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 (in particular, Article 6 thereof) (OJ 1997 L 117, p. 15) — Fees and charges applicable to undertakings holding general authorisations — Imposition of financial payments above and beyond those authorised by the directive and for a purpose not provided for therein
   
      Operative part of the judgment
   
   Article 6 of Directive 97/13/EC 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 must be interpreted as not precluding legislation of a Member State introducing a fee imposed on holders of general authorisations, calculated annually and on the basis of the gross operating income of the chargeable operators, which seeks to cover the administrative costs relating to the issue, management, control and enforcement of those authorisations, to the extent that the combined revenue received by that Member State by way of such a fee does not exceed all of those administrative costs, which is a matter for the national court to ascertain.
   
      (1)  OJ C 246, 11.9.2010.