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30.11.2013 |
EN |
Official Journal of the European Union |
C 352/9 |
Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 27 September 2013 — Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA, v Province de Namur
(Case C-517/13)
2013/C 352/17
Language of the case: French
Referring court
Tribunal de première instance de Namur
Parties to the main proceedings
Applicant: Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA
Defendant: Province de Namur
Questions referred
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1. |
Must Article 13 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 (Authorisation Directive) (1) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures used in the context of performing activities covered by a general authorisation granted pursuant to that directive (as the case may be, distinguishing the situation in which those infrastructures are established on private property from the situation in which they are established on public property)? |
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2. |
Must Article 6(1) 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 (Authorisation Directive) be interpreted to mean that it precludes legislation of a national or local authority which imposes, for budgetary purposes outside the purposes of that authorisation, a tax on mobile communications infrastructures which does not feature among the conditions listed in Part A of the annex to that directive, in particular as it does not constitute an administrative charge within the terms of Article 12? |
(1) OJ 2002 L 108, p. 21.