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Case C-454/13: Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Proximus SA, formerly Belgacom SA v Commune d’Etterbeek (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges — Fee for rights to install facilities — Scope — Municipal legislation — Charge on mobile telephony antennae)
ECLI:EU:UNKNOWN:62013CA0454
62013CA0454
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22.2.2016
Official Journal of the European Union
C 68/2
(Case C-454/13)
((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Articles 12 and 13 - Administrative charges - Fee for rights to install facilities - Scope - Municipal legislation - Charge on mobile telephony antennae))
(2016/C 068/02)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Proximus SA, formerly Belgacom SA
Defendant: Commune d’Etterbeek
Operative part of the judgment
Articles 12 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 (Authorisation Directive) must be interpreted as not precluding a charge, such as that at issue in the main proceedings, being imposed on any natural or legal persons who are proprietors of a right in rem over, or of a right to operate, a mobile telephony antenna.
(<span class="super">1</span>) OJ C 313, 26.10.2013.