Judgment of the Court (Third Chamber) of 18 July 2006 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Nuova società di telecomunicazioni SpA v Ministero delle Comunicazioni, ENI SpA,

(Case C-339/04) (1)

(Telecommunication services - Directive 97/13/EC - Fees and charges applicable to individual licences)

(2006/C 224/08)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Nuova società di telecomunicazioni SpA

Defendants: Ministero delle Comunicazioni, ENI SpA,

Re:

Reference for a preliminary ruling — Consiglio Di Stato (Italy) — Interpretation of Articles 6 and 11 of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (OJ 1997 L 117, p. 15) — Compatibility with Community law of a national provision requiring companies providing a public service and having created telecommunications networks to create a separate company for the exercise of any activity in the field of telecommunications

Operative part of the judgment

Article 11 of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services precludes a national provision, such as that at issue in the main proceedings, which requires the holder of an individual licence for the provision of a public telecommunications network, for which it has paid a fee as provided for in that article, to pay an additional fee in respect of the private use of that network calculated in accordance with criteria which do not correspond to those laid down in that article.

(1)  OJ C 251, 9.10.2004.