Source: All England Reporter
Publisher Citation: [2006] All ER (D) 93 (Sep)
Court: Court of Justice of the European Communities (Grand Chamber)
Judge:

Judges Skouris (President), Jann, Timmermans, Rosas, Malenovsky (Presidents of Chambers), von Bahr (Rapportuer), Cunha Rodrigues, Silva de Lapuerta, Lenaerts, Juhasz, Arestis, Borg Barthet and Ilesic.

Judgment Dates: 19 September 2006

Catchwords

European communities - Telecommunications services - Fees and charges for individual licences - Whether fees calculable on basis of general administrative costs of regulatory authority over period of 30 years - Reference for preliminary ruling - Parliament and Council Directive (EC) 97/13, art 11(1).

The Case

Article 11(1) of Council and European Parliament Directive (EEC) 97-13 (on a common framework for general authorisations and individual licences in the field of telecommunications services) precluded the application of a fee for individual licences calculated by taking into account the regulatory body's general administrative costs linked to implementing those licences over a period of 30 years. Article 10 of the EC Treaty, read in conjunction with art11(1) of the directive, required the national court to ascertain whether legislation which was clearly incompatible with Community law, such as that on which the fee assessments at issue in the main proceedings were based, constituted manifest unlawfulness within the meaning of the national law concerned. If that was the case, it was for the national court to draw the necessary conclusions under its national law with regard to the withdrawal of those assessments.

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