Request for a preliminary ruling from the Rechtbank van Koophandel te Gent (Belgium) lodged on 16 January 2015 — New Valmar BVBA v Global Pharmacies Partner Health srl

(Case C-15/15)

(2015/C 118/21)

Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Gent

Parties to the main proceedings

Applicant: New Valmar BVBA

Defendant: Global Pharmacies Partner Health srl

Question referred

Must Article 45 TFEU be interpreted as precluding legislation of a federal unit of a Member State, such as, in the present case, the Flemish Community in the Federal State of Belgium, which requires every undertaking which has its place of establishment within the territory of that unit to draw up, pursuant to Article 52 of the Laws of 18 July 1966 on the use of languages in administrative matters (Belgisch Staatsblad of 2 August 1966) in conjunction with Article 10 of the Decree of the Flemish Community of 19 July 1973 (Belgisch Staatsblad of 6 September 1973), invoices which are of a cross-border character exclusively in the official language of that federal unit, on pain of nullity of those invoices, which nullity is to be determined by the courts of their own motion?