«(Telecommunications services – General authorisations and individual licences – Directive 97/13/EC – Fees and charges for individual licences)»

Approximation of laws – Telecommunications services – Common framework for general authorisations and individual licences – Directive 97/13 – Fees and charges for undertakings holding individual licences – Imposition of financial charges beyond those authorised by the Directive – Not permissible ( Directive of the European Parliament and of the Council 97/13, Art. 11) Directive 97/13/EC on a common framework for general authorisations and individual licences in the field of telecommunications services and, in particular, Article 11 thereof, prohibit Member States from imposing financial charges, other than and in addition to those allowed by the directive, such as a charge calculated on the basis of a percentage of turnover, on undertakings which hold individual licences in the telecommunications sector solely because they hold such licences.see para. 42, operative part

JUDGMENT OF THE COURT (Fifth Chamber) 18 September 2003 (1)

((Telecommunications services – General authorisations and individual licences – Directive 97/13/EC – Fees and charges for individual licences))

In Joined Cases C-292/01 and C-293/01,

REFERENCES to the Court under Article 234 EC by the Consiglio di Stato (Italy) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (OJ 1997 L 117, p. 15),

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and S. von Bahr (Rapporteur), Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of of Albacom SpA, represented by R. Caiazzo and A. Santa Maria, avvocato; of Infostrada SpA, represented by F.G. Scoca and G. Pizzonia; of the Italian Government, represented by M. Fiorilli; and of the Commission, represented by E. Traversa, at the hearing on 21 November 2002,

after hearing the Opinion of the Advocate General at the sitting on 12 December 2002,

gives the following

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Consiglio di Stato by orders of 12 June 2001, hereby rules:

Wathelet

Timmermans

La Pergola

Jann

von Bahr

Delivered in open court in Luxembourg on 18 September 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber