Asunto C-34/19: Petición de decisión prejudicial planteada por el Tribunale Amministrativo Regionale per il Lazio (Italia) el 17 de enero de 2019 — Telecom Italia SpA/Ministero dello Sviluppo Economico, Ministero dell’Economiae delle Finanze
Section | información judicial |
27.5.2019 ES Diario Oficial de la Unión Europea C 182/5
Lengua de procedimiento: italiano
Tribunale Amministrativo Regionale per il Lazio
Recurrente: Telecom Italia SpA
Recurridas: Ministero dello Sviluppo Economico, Ministero dell’Economia e delle Finanze
1) ¿Puede interpretarse el artículo 22, apartado 3, de la Directiva 97/13/CE (1) en el sentido de que permite que se mantenga, también en el ejercicio 1998, la obligación de pagar un canon o una contraprestación que sea equivalente —por cuanto se determina en función del mismo porcentaje del volumen de negocios— al adeudado en virtud del régimen anterior a la citada Directiva
2) ¿Se opone la Directiva 97/13/CE, a la luz de las sentencias del Tribunal de Justicia de 18 de septiembre de 2003, Albacom e Infostrada (C-292/01 y C-293/01, EU:C:2003:480) y de 21 de febrero de 2008, Telecom Italia (C-296/06, EU:C:2008:106), a una sentencia interna con fuerza de cosa juzgada, que es fruto de una interpretación errónea o una tergiversación de dicha Directiva, teniendo en cuenta que, de ser así, esta última sentencia, puede ser inaplicada por un segundo órgano...
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