Comunicaciones al DO nº C-468/11 of Tribunal de Justicia, October 28, 2011
Resolution Date | October 28, 2011 |
Issuing Organization | Tribunal de Justicia |
Decision Number | C-468/11 |
Recurso interpuesto el 13 de septiembre de 2011 - Comisión Europea / Reino de España
(Asunto C-468/11)
Lengua de procedimiento: español
Partes
Demandante: Comisión Europea (representantes: G. Braun y S. Pardo Quintillán, agentes)
Demandada: Reino de España
Pretensiones
Que declare que,
al someter a las empresas que presten un servicio o suministren una red al amparo de la autorización general al pago de una tasa destinada a la financiación de la Corporación de Radio y Televisión Española, estableciendo al respecto una serie de condiciones y excepciones así como ciertos mecanismos de transferencia de los ingresos excedentarios, y
al no notificar adecuadamente su intención de efectuar modificaciones en relación con las autorizaciones generales, ni conceder a las partes interesadas, incluidos los usuarios y los consumidores, un plazo suficiente para que puedan manifestar su punto de vista sobre las modificaciones propuestas,
el Reino de España ha incumplido las obligaciones que le incumben en virtud de los artículos 12 y 14, apartado 1, de la Directiva 2002/20/CE del Parlamento Europeo y del Consejo, de 7 de marzo de 2002, relativa a la autorización de redes y servicios de comunicaciones electrónicas (Directiva autorización)
Que se condene en costas al Reino de España.
Motivos y principales alegaciones
- La Comisión considera que el artículo 5 de la Ley de RTVE no...
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