Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco (Spain) lodged on 7 June 2019 — Vodafone España S.A.U. v Diputación Foral de Guipúzcoa

(Case C-443/19)

(2019/C 328/12)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia del País Vasco

Parties to the main proceedings

Applicant: Vodafone España S.A.U.

Defendant: Diputación Foral de Guipúzcoa

Question referred

Whether Article 13 and related and supplementary provisions of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (1) must be interpreted as precluding the Kingdom of Spain, and specifically the fiscally autonomous historic territory of Guipúzcoa, from making telecommunications operators’ right of use of radio frequencies — which is already subject to what is known as the spectrum fee — subject to the general tax on capital transfers and documented legal acts that applies generally to administrative concessions of publicly owned assets, in accordance with local laws governing the said tax?

(1)  OJ 2002 L 108, p. 21.