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19.2.2011 |
EN |
Official Journal of the European Union |
C 55/6 |
Judgment of the Court (Second Chamber) of 16 December 2010 (reference for a preliminary ruling from the Raad van State (Netherlands)) — Marc Michel Josemans v Burgemeester van Maastricht
(Case C-137/09) (1)
(Freedom to provide services - Free movement of goods - Principle of non-discrimination - Measure adopted by a local public authority which restricts access to coffee-shops to Netherlands residents - Marketing of ‘soft’ drugs - Marketing of non-alcoholic beverages and of food - Objective of combating drug tourism and the accompanying public nuisance - Public order - Protection of public health - Coherence - Proportionality)
2011/C 55/09
Language of the case: Dutch
Referring court
Raad van State
Parties to the main proceedings
Applicant: Marc Michel Josemans
Defendant: Burgemeester van Maastricht
Re:
Reference for a preliminary ruling — Raad van State — Interpretation of Articles 12 EC, 18 EC, 29 EC and 49 EC — Drug tourism — General municipal regulation prohibiting the admission of non-residents to coffee-shops selling narcotic drugs — Public order — Different treatment
Operative part of the judgment
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1. |
In the course of marketing narcotic drugs which are not distributed through channels strictly controlled by the competent authorities with a view to use for medical or scientific purposes, a coffee-shop proprietor may not rely on Articles 12 EC, 18 EC, 29 EC or 49 EC to object to municipal rules, such as those at issue in the main proceedings, which prohibit the admission of persons who are non-resident in the Netherlands to such establishments. As regards the activity of marketing non-alcoholic beverages and food in those establishments, Article 49 EC et seq. may be relied on by such a proprietor. |
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2. |
Article 49 EC must be interpreted as meaning that rules such as those at issue in the main proceedings constitute a restriction on the freedom to provide services laid down by the EC Treaty. That restriction is, however, justified by the objective of combating drug tourism and the accompanying public nuisance. |