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Case C-34/19: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 17 January 2019 — Telecom Italia SpA v Ministero dello Sviluppo Economico, Ministero dell’Economia e delle Finanze
ECLI:EU:UNKNOWN:62019CN0034
62019CN0034
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Valentina R., lawyer
27.5.2019
EN
Official Journal of the European Union
C 182/5
(Case C-34/19)
(2019/C 182/06)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Telecom Italia SpA
Defendants: Ministero dello Sviluppo Economico, Ministero dell’Economia e delle Finanze
Questions referred
1.May Article 22(3) of Directive 97/13/EC (1) be interpreted as permitting, including for 1998, the maintenance of an obligation to pay a fee or a charge corresponding (insofar as it is based on the same proportion of turnover) to that which had to be paid under the regime which existed prior to that directive?
2.In light of the Court’s judgments of 18 September 2003 in Joined Cases C-292/01 and C-293/01 and of 21 February 2008 in Case C-296/06, does Directive 97/13/EC preclude a final national judgment given on the basis of an incorrect interpretation or misconstruction of that directive, with the result that the ruling in that judgment may be disapplied by a different court hearing a dispute which concerns the same substantive legal relationship but is different in that it concerns a demand for payment that is merely ancillary by comparison with that which was the subject of the case which led to the incorrect ruling?
(1) Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorizations and individual licences in the field of telecommunications services (OJ 1997 L 117, p. 15).
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