Lydian successfully defends utility operator as Council of State annuls municipal fee for utility works

"Law firm Lydian represented a utility operator and secured a Council of State ruling that annulled a municipal retribution requiring telecom operators to pay for installation and maintenance of utilities on public land. The court found the charge unlawful for lack of concrete counterperformance and disproportionate rates, clearing obstacles to fibre rollout."

Law firm Lydian represented a utility operator and successfully defended its interests before the Council of State. The Council annulled a municipal levy under which telecom operators were required to pay a retribution for the installation and maintenance of utility infrastructure on the public domain. The court found the municipal charge unlawful because it did not correspond to any concrete counterperformance for the utility operators and because the tariffs were not proportionate to the municipality's actual costs. The judgment emphasises that such fees, when lacking a direct and proportionate link to services rendered by the municipality, cannot be lawfully imposed. The decision is significant for the continued deployment of fibre infrastructure in Belgium. Municipal retributions had been an additional hurdle, causing delays and creating friction in the digital development process. By annulling the contested levy, the Council of State provides greater legal clarity for both utility operators and local authorities and creates space for a constructive dialogue on how to cooperate in building future-proof digital infrastructure. Lydian represented the utility operator with a team composed by: Lore Derdeyn and Grigori Badalyan.

Lydian successfully defends utility operator as Council of State annuls municipal fee for utility works

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