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.