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Case C-100/19: Judgment of the Court (Second Chamber) of 5 March 2020 (request for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium) — Viasat UK Ltd and Viasat Inc. v Institut belge des services postaux et des télécommunications (IBPT) (Reference for a preliminary ruling — Approximation of laws — Telecommunications sector — Harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services — Decision No 626/2008/EC — Article 4(1)(c), Article 7(1), and Article 8(1) — Complementary ground components — Authorisations issued by Member States — Requirement for operators to provide service coverage for a certain percentage of the population and the territory — Non-compliance — Effect)
ECLI:EU:UNKNOWN:62019CA0100
62019CA0100
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27.4.2020
Official Journal of the European Union
C 137/24
(Case C-100/19) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Approximation of laws - Telecommunications sector - Harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services - Decision No 626/2008/EC - Article 4(1)(c), Article 7(1), and Article 8(1) - Complementary ground components - Authorisations issued by Member States - Requirement for operators to provide service coverage for a certain percentage of the population and the territory - Non-compliance - Effect)
(2020/C 137/31)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Viasat UK Ltd and Viasat Inc.
Defendant: Institut belge des services postaux et des télécommunications (IBPT)
Other parties to the proceedings: Inmarsat Ventures Ltd c.o. and Eutelsat SA
Operative part of the judgment
Article 8(1) of Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS), read in conjunction with Article 7(1) thereof, must be interpreted as meaning that, where it is established that an operator selected in accordance with Title II of that decision and authorised to use the radio spectrum pursuant to Article 7 thereof has failed to provide mobile satellite services by means of a mobile satellite system by the deadline set in Article 4(1)(c)(ii) of Decision No 626/2008, the competent authorities of the Member States are not entitled to refuse to grant the authorisations necessary for the provision of complementary ground components of mobile satellite systems to that operator on the ground that that operator has failed to honour the commitment given in its application.
Language of the case: French
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(<span class="super">1</span>) OJ C 131, 8.4.2019.