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Case C-764/18: Judgment of the Court (Fourth Chamber) of 27 January 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Ayuntamiento de Pamplona v Orange España SAU (Reference for a preliminary ruling — Authorisation of electronic communications networks and services — Municipal charge for the occupation or use of public land — Directive 2002/20/EC — Application to undertakings providing fixed telephony and Internet access services — Concepts of ‘electronic communications network’ and of ‘electronic communications services’ — Article 12 — Administrative charges — Article 13 — Fees for rights of use and rights to install facilities — Scope — Limitations on the Member States’ power to impose fees)
ECLI:EU:UNKNOWN:62018CA0764
62018CA0764
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15.3.2021
Official Journal of the European Union
C 88/6
(Case C-764/18) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Authorisation of electronic communications networks and services - Municipal charge for the occupation or use of public land - Directive 2002/20/EC - Application to undertakings providing fixed telephony and Internet access services - Concepts of ‘electronic communications network’ and of ‘electronic communications services’ - Article 12 - Administrative charges - Article 13 - Fees for rights of use and rights to install facilities - Scope - Limitations on the Member States’ power to impose fees)
(2021/C 88/05)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Ayuntamiento de Pamplona
Defendant: Orange España SAU
Operative part of the judgment
1.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), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as applying also to undertakings providing fixed telephony and Internet access services;
2.Articles 12 and 13 of Directive 2002/20, as amended by Directive 2009/140, must be interpreted as not precluding national legislation which imposes, on undertakings which are the proprietors of infrastructure or networks necessary for electronic communications and which use them in order to provide fixed telephony and Internet access services, a charge the amount of which is determined exclusively on the basis of the annual gross income obtained by those undertakings on the territory of the Member State concerned.
Language of the case: Spanish
(1) OJ C 112, 25.3.2019.
ECLI:EU:C:2021:140