Questione giuridica chiave
Whether the revised Art. 9 GFV could lawfully be used to calculate the 2004 GSM concession fee.
Decisione estratta
The revised fee provision could not be applied because it lacked sufficient statutory basis; the fee had to be calculated under the old regulation.
Motivazione estratta
The FMG lists only technical criteria for concession fees and does not authorize an economic value criterion based on market value. The revised rule introduced such a criterion and therefore exceeded the statutory delegation.