Source: All England Reporter
Publisher Citation: [2013] All ER (D) 191 (Apr)
Court: Court of Justice of the European Union (Fourth Chamber)

Judges Bay Larsen (Acting President of the Fourth Chamber), Bonichot, Toader, Prechal and Jarašiunas (Rapporteur)

Judgment Dates: 21 March 2013


European Union - Telecommunications - Licence fees - Mobile phone operators granted rights to use certain Belgian radio frequencies - Operators paying one-off licence fees - Belgian authority declining renewal of authorisations to use 2G radio frequencies and imposing new fees - Operators challenging decision - Whether relevant EU directive precluding member state from charging mobile operator additional fees - Council Directive (EC) 2002/20.

The Case

European Union Telecommunications. The Court of Justice of the European Union (the Court) made a preliminary ruling concerning the interpretation of arts 3 and 12 to 14 of Council Directive (EC) 2002-20 (on the authorisation of electronic communications networks and services) (the Authorisation Directive). The request had been made in proceedings between Belgacom SA, Mobistar SA and KPN Group Belgium SA, on the one hand, and Belgium, on the other, concerning the conformity of fees due by those mobile telephone operators under arts 2 and 3 of the Belgium Law of 15 March 2010, amending art 30 of the Belgium Law of 13 June 2005, (on electronic communications with the fee scheme provided for by the Authorisation Directive).

Practice Areas

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