- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-367/12: Judgment of the Court (Fourth Chamber) of 13 February 2014 (request for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria)) — Proceedings initiated by Susanne Sokoll-Seebacher (Freedom of establishment — Public health — Article 49 TFEU — Pharmacies — Adequate supply of medicinal products to the public — Operating authorisation — Territorial distribution of pharmacies — Establishment of limits essentially based on a demographic criterion — Minimum distance between pharmacies)
ECLI:EU:UNKNOWN:62012CA0367
62012CA0367
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
29.3.2014
Official Journal of the European Union
C 93/9
(Case C-367/12) (1)
(Freedom of establishment - Public health - Article 49 TFEU - Pharmacies - Adequate supply of medicinal products to the public - Operating authorisation - Territorial distribution of pharmacies - Establishment of limits essentially based on a demographic criterion - Minimum distance between pharmacies)
2014/C 93/13
Language of the case: German
Referring court
Parties to the main proceedings
Third party: Agnes Hemetsberger, successor to Susanna Zehetner
Re:
Request for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Oberösterreich — Interpretation of Article 49 TFEU and Articles 16 and 47 of the Charter of Fundamental Rights of the European Union — Member State's rules which make the award of a concession to operate a pharmacy subject to an assessment of the needs of the market based on a number of complex and almost unforeseeable criteria.
Operative part of the judgment
Article 49 TFEU, in particular the requirement that the desired objective be achieved in a consistent manner, must be interpreted as precluding legislation such as that at issue in the main proceedings, which lays down, as an essential criterion for determining whether a need for the establishment of a new pharmacy exists, a rigid limit on the ‘people remaining to be served’, where the competent authorities cannot depart from that limit to take account of particular local geographical conditions.
(1) OJ C 331, 27.10.2012.