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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)
Decision date:
Key facts of the case:
  1. 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’). 
  2. 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.