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Case C-376/12: Order of the Court (Eighth Chamber) of 17 October 2013 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio) — Sky Italia Srl v Autorità per le Garanzie nelle Comunicazioni, Commissione di Garanzia dell' Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali (Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities)
ECLI:EU:UNKNOWN:62012CB0376
62012CB0376
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21.12.2013
Official Journal of the European Union
C 377/2
(Case C-376/12) (<span class="super">1</span>)
(Electronic communications networks and services - Directive 2002/20/EC - Article 12 - Administrative charges imposed on undertakings in the sector concerned - National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities)
2013/C 377/03
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Sky Italia Srl
Defendant: Autorità per le Garanzie nelle Comunicazioni, Commissione di Garanzia dell' Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali
Intervening parties: Television Broadcasting System SpA, Wind Telecomunicazioni SpA
Re:
Request for preliminary ruling — Tribunale Amministrativo Regionale per il Lazio — Interpretation of Article 12 of 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 (‘the Authorisation Directive’) (OJ 2002 L 108, p. 21) — Administrative charges imposed on undertakings — Legislation providing that the national regularity authorities’ costs which are not financed by the State are to be imposed upon individual undertakings in the sector concerned according to the income they generate in respect of the sale of goods or the provision of relevant services
Operative part of the order
Article 12 of 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 (‘the Authorisation Directive’) must be interpreted as meaning that it does not preclude legislation of a Member State, such as that at issue in the main proceedings, pursuant to which undertakings providing electronic communications services or networks are liable to pay a charge intended to cover all the costs incurred by the NRA which are not financed by the State, the amount of which being determined according to the income received by those undertakings, provided that that charge is exclusively intended to cover the costs relating to the activities in paragraph (1)(a) of that provision, that the totality of the income obtained in respect of that charge does not exceed the total costs relating to those activities and that that charge is imposed upon individual undertakings in an objective, transparent and proportionate manner, which is for the national court to ascertain.
(<span class="super">1</span>) OJ C 311, 13.10.2012.