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Case C-34/19: Judgment of the Court (First Chamber) of 4 March 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico and Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling — Approximation of laws — Telecommunication services — Implementation of provision of an open telecommunications network — Directive 97/13/EC — Fees and charges for individual licences — Transitional arrangements establishing a charge beyond those authorised by Directive 97/13/EC — Force of res judicata attaching to a higher court judgment considered contrary to EU law)
ECLI:EU:UNKNOWN:62019CA0034
62019CA0034
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11.5.2020
Official Journal of the European Union
C 161/9
(Case C-34/19) (*)
(Reference for a preliminary ruling - Approximation of laws - Telecommunication services - Implementation of provision of an open telecommunications network - Directive 97/13/EC - Fees and charges for individual licences - Transitional arrangements establishing a charge beyond those authorised by Directive 97/13/EC - Force of res judicata attaching to a higher court judgment considered contrary to EU law)
(2020/C 161/13)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Telecom Italia SpA
Defendants: Ministero dello Sviluppo Economico and Ministero dell’Economia e delle Finanze
Operative part of the judgment
1.Article 22(3) 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 precluding national legislation extending the obligation, in respect of 1998, imposed on a telecommunications undertaking holding an existing authorisation on the date of entry into force of that directive to pay a charge calculated on the basis of turnover and not merely the administrative costs incurred in the issue, management, control and enforcement of the applicable general authorisation scheme and individual licences;
2.EU law must be interpreted as not requiring a national court to disapply domestic rules of procedure conferring finality on a judgment, even if to do so would make it possible to remedy an infringement of a provision of EU law, without prejudice to the possibility for the parties concerned of rendering the State liable in order to obtain legal protection of their rights under EU law.
(*) Language of the case: Italian.
ECLI:EU:C:2020:140