Order of the Court (Eighth Chamber) of 30January 2014— France Telecom España
(Case C‑25/13)
Reference for a preliminary ruling— Electronic communications networks and services— Directive 2002/20/EC— Fee for the private use or the special right of use for the area under and on local public land imposed on operators supplying electronic communications services— Article99 of the Rules of Procedure of the Court— Answer able clearly to be deduced from the case-law
Approximation of laws— Telecommunications sector— Electronic communications networks and services— Authorisation— Directive 2002/20— Scope ratione personae—Application of a fee for the use and operation of resources installed on or under public or private property — Operators which are not the owners of those resources but which use them to supply electronic communications services — Not included (European Parliament and Council Directive 2002/20, Art. 13) (see paras 26-32, operative part)
Re:
| Request for a preliminary ruling— Juzgado de lo Contencioso Administrativo de Barcelona— Interpretation of Article13 of Directive 2002/20/EC of the European Parliament and of the Council of 7March 2002 on the authorisation of electronic communications networks and services (‘the Authorisation Directive’) (OJ 2002 L108, p.21)— Fees for rights to use and to install facilities— Municipal public land— Transfer of rights and transfer of management of use. |
Operative part
EU law must be interpreted, in the light of the judgment of 12 July 2012 in Joined Cases C‑55/11, C‑57/11 and C‑58/11 Vodafone España and France Telecom España, as precluding the application of a fee for the use and operation of resources installed on or under public or private property, within the meaning of Article13 of Directive 2002/20/EC of the European Parliament and of the Council of 7March 2002 on the authorisation of electronic communications networks and services (the Authorisation Directive), to operators supplying electronic communications services which are not the owners of those resources.