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CJEU - C 367/12 / Judgment
Susanne Sokoll-Seebacher
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Fourth Chamber)
Type
Decision
Decision date
13/02/2014
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CJEU - C 367/12 / Judgment
Key facts of the case:
- This request for a preliminary ruling concerns the interpretation of Article 49 TFEU and Articles 16 and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
- The request has been made in proceedings brought by Mrs Sokoll‑Seebacher, concerning the opening of a pharmacy in the municipality of Pinsdorf, in the Province of Upper Austria.
Results (sanctions) and key consequences of the case:The Court (Fourth Chamber) hereby rules: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. -
Paragraphs referring to EU Charter
19-22