Official Journal of the European Union

EN

C series

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C/2025/2058

14.4.2025

(Case C-10/25, Elettronica Industriale)

(C/2025/2058)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Elettronica Industriale SpA

Defendant: Ministero delle Imprese e del Made in Italy

Question referred

Does Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 (<span class="oj-super oj-note-tag">1</span> ) on the authorisation of electronic communications networks and services, in conjunction with Article 8 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 (<span class="oj-super oj-note-tag">2</span> ) on a common regulatory framework for electronic communications networks and services, as well as the principle [of EU law] of proportionality, preclude the introduction, by the legislature of a Member State, of a criterion for calculating ‘fees for granting rights of use and rights to install facilities’, imposed on operators with a view to generating specific overall tax revenues and thus related to general public finance targets, regardless of the need to ensure the proper functioning of the electronic communications market and the protection of users, and must the national court disapply that provision?

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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) (OJ 2002 L 108, p. 21).

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33).

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ELI: http://data.europa.eu/eli/C/2025/2058/oj

ISSN 1977-091X (electronic edition)

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