Joined Cases C-228/12 to C-232/12 and C-254/12 to C-258/12

Vodafone Omnitel NV (C-228/12, C-231/12 and C-258/12), Fastweb SpA (C-229/12 and C-232/12), Wind Telecomunicazioni SpA (C-230/12 and C-254/12), Telecom Italia SpA (C-255/12 and C-256/12) and Sky Italia srl (C-257/12)

v

Autorità per le Garanzie nelle Comunicazioni, Presidenza del Consiglio dei Ministri (C-228/12 to C-232/12, C-255/12 and C-256/12), Commissione di Garanzia dell’Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali (C-229/12, C-232/12 and C-257/12) and Ministero dell’Economia e delle Finanze (C-230/12)

(Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio)

‛Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities’

Summary — Judgment of the Court (Eighth Chamber), 18 July 2013

1. Judicial proceedings — Oral procedure — Obligation to have a hearing to allow the parties to lodge submissions on a new fact — None — Justification — Existence of sufficient information to give a ruling

   (Rules of Procedure of the Court of Justice, Art. 76(2) and 83)

2. Questions referred for a preliminary ruling — Admissibility — Need to provide the Court with sufficient information on the factual and legislative context

   (Art. 267 TFEU; Statute of the Court of Justice, Art. 23)

3. Approximation of laws — Telecommunications sector — Electronic communications networks and services — Directive 2002/20 — Taxes and charges applicable to undertakings providing electronic communications services or networks — Charge intended to cover all the costs incurred by the national regulatory authority which are not financed by the State — Determination according to the income received by those undertakings — Lawfulness — Conditions — Verification by the national court

   (European Parliament and Council Directive 2002/20, Art. 12)

1.  See the text of the decision.

   (see paras 25-28)

2.  See the text of the decision.

   (see paras 30-32)

3.  Article 12 of Directive 2002/20 on the authorisation of electronic communications networks and services must be interpreted as not precluding legislation of a Member State pursuant to which undertakings providing electronic communications services or networks are liable to pay a charge intended to cover all the costs incurred by the national regulatory author which are not financed by the State, the amount of which being determined according to the income received by those undertakings, provided that that charge is exclusively intended to cover the costs relating to the activities mentioned in Article 12(1)(a), that the totality of the income obtained in respect of that charge does not exceed the total costs relating to those activities and that that charge is imposed upon individual undertakings in an objective, transparent and proportionate manner, which is for the national court to ascertain.

   (see para. 43, operative part)

Joined Cases C-228/12 to C-232/12 and C-254/12 to C-258/12

Vodafone Omnitel NV (C-228/12, C-231/12 and C-258/12), Fastweb SpA (C-229/12 and C-232/12), Wind Telecomunicazioni SpA (C-230/12 and C-254/12), Telecom Italia SpA (C-255/12 and C-256/12) and Sky Italia srl (C-257/12)

v

Autorità per le Garanzie nelle Comunicazioni, Presidenza del Consiglio dei Ministri (C-228/12 to C-232/12, C-255/12 and C-256/12), Commissione di Garanzia dell’Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali (C-229/12, C-232/12 and C-257/12) and Ministero dell’Economia e delle Finanze (C-230/12)

(Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio)

‛Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities’

Summary — Judgment of the Court (Eighth Chamber), 18 July 2013

1. Judicial proceedings — Oral procedure — Obligation to have a hearing to allow the parties to lodge submissions on a new fact — None — Justification — Existence of sufficient information to give a ruling

   (Rules of Procedure of the Court of Justice, Art. 76(2) and 83)

2. Questions referred for a preliminary ruling — Admissibility — Need to provide the Court with sufficient information on the factual and legislative context

   (Art. 267 TFEU; Statute of the Court of Justice, Art. 23)

3. Approximation of laws — Telecommunications sector — Electronic communications networks and services — Directive 2002/20 — Taxes and charges applicable to undertakings providing electronic communications services or networks — Charge intended to cover all the costs incurred by the national regulatory authority which are not financed by the State — Determination according to the income received by those undertakings — Lawfulness — Conditions — Verification by the national court

   (European Parliament and Council Directive 2002/20, Art. 12)

1.  See the text of the decision.

   (see paras 25-28)

2.  See the text of the decision.

   (see paras 30-32)

3.  Article 12 of Directive 2002/20 on the authorisation of electronic communications networks and services must be interpreted as not precluding legislation of a Member State pursuant to which undertakings providing electronic communications services or networks are liable to pay a charge intended to cover all the costs incurred by the national regulatory author which are not financed by the State, the amount of which being determined according to the income received by those undertakings, provided that that charge is exclusively intended to cover the costs relating to the activities mentioned in Article 12(1)(a), that the totality of the income obtained in respect of that charge does not exceed the total costs relating to those activities and that that charge is imposed upon individual undertakings in an objective, transparent and proportionate manner, which is for the national court to ascertain.

   (see para. 43, operative part)