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Case C-764/18: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 5 December 2018 — Ayuntamiento de Pamplona v Orange España, S.A.U.
ECLI:EU:UNKNOWN:62018CN0764
62018CN0764
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25.3.2019
Official Journal of the European Union
C 112/17
(Case C-764/18)
(2019/C 112/21)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: Ayuntamiento de Pamplona
Respondent: Orange España, S.A.U.
Questions referred
1.Is 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), (1) as interpreted by the Court of Justice in relation to undertakings operating in the mobile telecommunications sector, and, specifically, the limitations set out in Articles 12 and 13 of that directive on the taxation powers of the Member States, applicable to undertakings providing fixed telephony and Internet services?
2.If the first question is answered in the affirmative (and it is held that that directive is applicable to providers of fixed telephony and Internet services), do Articles 12 and 13 of Directive 2002/20/EC allow Member States to impose a charge or fee calculated exclusively by reference to the gross annual revenue earned by the company — the proprietor of the installed facilities — from the provision of fixed telephony and Internet services in the territory concerned?
(1) OJ 2002 L 108, p. 21.