Reference for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 3 February 2012 — Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune

(Case C-57/12)

2012/C 118/19

Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings

Applicant: Fédération des maisons de repos privées de Belgique (Femarbel) ASBL

Defendant: Commission communautaire commune

Question referred

Must the healthcare services referred to in Article 2(2)(f) and the social services referred to in Article 2(2)(j) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1) be interpreted in such a way as to exclude from the scope of the Directive day-care centres within the meaning of the ordinance of the Commission communautaire commune of 24 April 2008 on establishments receiving or accommodating old people, in so far as they provide assistance and care appropriate to the loss of independence of old people, and likewise night-care centres within the meaning of the same ordinance, in so far as they provided health assistance and care that cannot be given to old people by their close relatives on a continuous basis?

(1)  OJ 2006 L 376, p. 36.