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Case C-685/13: Request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 27 December 2013 — Belgacom SA v Commune de Fléron
ECLI:EU:UNKNOWN:62013CN0685
62013CN0685
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Official Journal of the European Union
C 61/6
(Case C-685/13)
2014/C 61/09
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Belgacom SA
Defendant: Commune de Fléron
Question referred
Do the provisions of the Authorisation Directive, (1) and in particular Article 13 thereof pertaining to the methods of imposition of fees for rights of use for radiofrequencies and rights to install facilities on or under public or private property, preclude the imposition on mobile telecommunications operators by the communal administrative authorities of a Member State, by way of a municipal regulation, of a tax comprising a single and flat-rate fee of EUR 2 500 per pylon or mast, the fact giving rise to which is the presence of such pylon or mast on the territory of the commune on 1 January of the year of assessment, in the case where that tax does not represent remuneration and is motivated by budgetary and environmental objectives?
(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) (OJ 2002 L 108, p. 21).