This document is an excerpt from the EUR-Lex website
Document 62011CN0468
Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain
Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain
Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain
OJ C 340, 19.11.2011, p. 11–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.11.2011 |
EN |
Official Journal of the European Union |
C 340/11 |
Action brought on 13 September 2011 — European Commission v Kingdom of Spain
(Case C-468/11)
2011/C 340/19
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: G. Braun and S. Pardo Quintillán, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
— |
Declare that:
the Kingdom of Spain has failed to fulfil its obligations under Articles 12 and 14(1) of Directive 2002/20/EC (1) of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive); |
— |
order the Kingdom of Spain to pay the costs. |
Pleas in law and main arguments
The Commission maintains that Article 5 of the RTVE Law is not compatible with the provision made in Article 12 of the Authorisation Directive. Under Article 5 of the RTVE Law, the Spanish authorities have established a charge (which they call a contribution (‘aportación’)), which is levied on gross receipts of operators of electronic communications with a given geographic scope, without paying due regard to the principles and requirements laid down in Article 12 of the Authorisation Directive.
The Commission considers that, in failing to give notice in an appropriate manner of its intention to make amendments relating to general authorisations and by failing to allow interested parties, including users and consumers, a sufficient period of time to express their views on the proposed amendments, the Kingdom of Spain has failed to fulfil the obligations laid down by Article 14(1) of the Authorisation Directive.