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Document 62009CN0060

    Case C-60/09: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 11 February 2009 — Lucio Rubano v Regione Campania, Comune di Cusano Mutri

    OJ C 90, 18.4.2009, p. 15–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    18.4.2009   

    EN

    Official Journal of the European Union

    C 90/15

    Reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 11 February 2009 — Lucio Rubano v Regione Campania, Comune di Cusano Mutri

    (Case C-60/09)

    2009/C 90/23

    Language of the case: Italian

    Referring court

    Tribunale Amministrativo Regionale della Campania

    Parties to the main proceedings

    Applicant: Lucio Rubano

    Defendants: Regione Campania, Comune di Cusano Mutri

    Questions referred

    1.

    Is it compatible with Articles 152 and 153 of the Treaty on European Union that there is a single pharmacy in municipalities with a population of fewer than 4 000 inhabitants?

    2.

    Is it compatible with Articles 152 and 153 of the Treaty on European Union to make the establishment of a second pharmacy in municipalities with a population of over 4 000 inhabitants subject to conditions such as (i) in order to be taken into account, the population in excess of that number must represent at least 50 per cent of the number triggering the pharmacy requirement, (ii) the new pharmacy must be at least 3 000 metres away from the existing pharmacy and (iii) there must be special needs on the part of the pharmacy service, related to the local terrain and road conditions, to be assessed both by the health units (local health offices) and by the local association of pharmacists or, in any event, by the authorities competent for matters concerning the organisation and supervision of the pharmacy service?
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