El fin del pulso entre las compañías operadoras de telefonía móvil y los ayuntamientosAlgunas reflexiones en relación con la tasa municipal de telefonía móvil a la luz de la reciente jurisprudencia europea y española

Resumo

The battle against mobile operators and the local entities has come to an end. The ECJ stated that the local fee for the private use, or the special right of use, of municipal public land in order to provide utility services by mobile operators is not compatible with the EU Law. The first of the judgments was the sentence of 12th July 2012 (Vodafone); the second one, the order of 30th January 2014. This doctrine has been assumed by the Spanish Supreme Court. However, the High Court went one step further referring to the quantification of this fee as it was regulated in the tax ordinances. Seeing the consequences of these judgments for the local government coffers, the question that arises is if, from now on, the local entities are going to increase other taxes to raise their resources