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Joined Cases C-256/13 and C-264/13: Judgment of the Court (Third Chamber) of 4 September 2014 (requests for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Provincie Antwerpen v Belgacom NV van publiek recht (C-256/13), Mobistar NV (C-264/13) (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 6 — Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations — Article 13 — Fees for rights of use and rights to install facilities — Regional legislation making undertakings liable to pay a tax on places of business)
ECLI:EU:UNKNOWN:62013CA0256
62013CA0256
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Valentina R., lawyer
10.11.2014
Official Journal of the European Union
C 395/16
(Joined Cases C-256/13 and C-264/13) (1)
((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Article 6 - Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations - Article 13 - Fees for rights of use and rights to install facilities - Regional legislation making undertakings liable to pay a tax on places of business))
(2014/C 395/19)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellant: Provincie Antwerpen
Respondents: Belgacom NV van publiek recht (C-256/13), Mobistar NV (C-264/13)
Operative part of the judgment
Articles 6 and 13 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 not precluding operators providing electronic communications networks or services from being subject to a general tax on establishments, on account of the presence on public or private property of cellular telephone communication masts, pylons or antennae which are necessary for their activity.
(1) OJ C 207, 20.7.2013.