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Case C-120/19: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 15 February 2019 — X, other parties: College van burgemeester en wethouders van de gemeente Purmerend, Tamoil Nederland B.V.
ECLI:EU:UNKNOWN:62019CN0120
62019CN0120
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6.5.2019
Official Journal of the European Union
C 155/28
(Case C-120/19)
(2019/C 155/35)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: X
Questions referred
— does EU law, in particular the case-law of the Court of Justice on national procedural autonomy, allow the national court in principle to proceed on the assumption of the legality of such a licensing condition, unless it is clearly contrary to higher law, including EU law? And if so, does EU law impose (additional) conditions on that exception?;
— or does EU law entail, having regard to the judgments of the Court of Justice in Ciola (Case C-224/97, EU:C:1999:212) and Man Sugar (Case C-274/04, EU:C:2006:233), that the national court should disregard such a licensing condition because it is contrary to EU law?
(1) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ 2008 L 260, p. 13).
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