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Case C-25/13: Order of the Court (Eighth Chamber) of 30 January 2014 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 17 de Barcelona — Spain) — France Telecom España, SA v Organismo de Gestión Tributaria de la Diputación de Barcelona (Request for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Fee for the private use or the special right of use for the area under and on local public land imposed on operators supplying electronic communications services — Article 99 of the Rules of Procedure of the Court — Answer able clearly to be deduced from the case-law)
ECLI:EU:UNKNOWN:62013CB0025
62013CB0025
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Official Journal of the European Union
C 112/18
(Case C-25/13) (<span class="super">1</span>)
((Request for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Fee for the private use or the special right of use for the area under and on local public land imposed on operators supplying electronic communications services - Article 99 of the Rules of Procedure of the Court - Answer able clearly to be deduced from the case-law))
2014/C 112/21
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: France Telecom Espana, SA
Defendant: Organismo de Gestión Tributaria de la Diputación de Barcelona
Re:
Request for a preliminary ruling — Juzgado de lo Contencioso Administrativo de Barcelona — Interpretation of 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 (‘the Authorisation Directive’) (OJ 2002 L 108, p. 21) — Fees for rights to use and to install facilities — Municipal public land — Transfer of rights and transfer of management of use.
Operative part of the order
European Union law must be interpreted, in the light of the judgment in Joined Cases C-55/11, C-57/11 and C-58/11 Vodafone España and France Telecom España [2012] ECR, as precluding the application of a fee for the use and operation of resources installed on or under public or private property, within the meaning of 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 (the Authorisation Directive), to operators supplying electronic communications services which are not the owners of those resources.
* * *
(*1) OJ C 108, 13.4.2013.