10.9.2011
EN
Official Journal of the European Union
C 269/16
Judgment of the Court (Seventh Chamber) of 21 July 2011 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Telefónica de España SA v Administración del Estado
(Case C-284/10) (1)
(Directive 97/13/EC - Common framework for general authorisations and individual licences in the field of telecommunications services - Fees and charges applicable to undertakings holding general authorisations - Article 6 - Interpretation - National legislation imposing an annual fee calculated on the basis of a percentage of gross operating income)
2011/C 269/26
Language of the case: Spanish
Referring court
Tribunal Supremo
Parties to the main proceedings
Applicant: Telefónica de España SA
Defendant: Administración del Estado
Re:
Reference for a preliminary ruling — Tribunal Supremo — 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 (in particular, Article 6 thereof) (OJ 1997 L 117, p. 15) — Fees and charges applicable to undertakings holding general authorisations — Imposition of financial payments above and beyond those authorised by the directive and for a purpose not provided for therein
Operative part of the judgment
Article 6 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 must be interpreted as not precluding legislation of a Member State introducing a fee imposed on holders of general authorisations, calculated annually and on the basis of the gross operating income of the chargeable operators, which seeks to cover the administrative costs relating to the issue, management, control and enforcement of those authorisations, to the extent that the combined revenue received by that Member State by way of such a fee does not exceed all of those administrative costs, which is a matter for the national court to ascertain.
(1) OJ C 246, 11.9.2010.
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