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Case C-563/08: Reference for a preliminary ruling from the Juzgado Contencioso-Administrativo de Granada (Spain) lodged on 18 December 2008 — Carlos Sáez Sánchez and Patricia Rueda Vargas v Junta de Andalucía and Manuel Jalón Morente and Others, co-defendants
ECLI:EU:UNKNOWN:62008CN0563
62008CN0563
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Valentina R., lawyer
21.3.2009
Official Journal of the European Union
C 69/21
(Case C-563/08)
(2009/C 69/37)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Carlos Sáez Sánchez and Patricia Rueda Vargas
Defendants: Junta de Andalucía and Manuel Jalón Morente and Others
Question referred
Are Articles 2.3 and 2.4 of State Law 16/1997 of 25 April on pharmaceutical services, in so far as they define territorial and demographic limits on the opening of pharmacies, contrary to Article 43 of the Treaty establishing the European Economic Community, in that they constitute a disproportionate, even counterproductive, system for limiting the number of pharmacies, in terms of the objective of the proper provision of medicines in the relevant territory?