# C_2014339EN.01000901.xml

| 29.9.2014 | EN | Official Journal of the European Union | C 339/9 |
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29.9.2014

EN

Official Journal of the European Union

C 339/9

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Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 14 July 2014 — J. Harmsen; other party: Burgemeester van Amsterdam

(Case C-341/14)

2014/C 339/10

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Appellant: J. Harmsen

Appellant:

Other party: Burgemeester van Amsterdam

Other party:

Questions referred

Questions referred

| 1. | Does Chapter III of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) apply to purely internal situations, or is the assessment of the question as to whether that chapter applies subject to the case-law of the Court of Justice concerning the Treaty provisions on freedom of establishment and the free movement of services in purely internal situations? |
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1.

Does Chapter III of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) apply to purely internal situations, or is the assessment of the question as to whether that chapter applies subject to the case-law of the Court of Justice concerning the Treaty provisions on freedom of establishment and the free movement of services in purely internal situations?

| 2. | If the answer to Question 1 is that the case-law of the Court of Justice concerning the Treaty provisions on freedom of establishment and the free movement of services in a purely internal situation applies to the assessment of the question as to whether Chapter III of Directive 2006/123 is applicable:






  (a) | Should the national courts apply the provisions laid down in Chapter III of Directive 2006/123 in a situation such as that in the present case, in which the service provider has not established himself on a cross-border basis and does not offer services on a cross-border basis, but nevertheless relies on those provisions? |
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2.

If the answer to Question 1 is that the case-law of the Court of Justice concerning the Treaty provisions on freedom of establishment and the free movement of services in a purely internal situation applies to the assessment of the question as to whether Chapter III of Directive 2006/123 is applicable:

(a)

Should the national courts apply the provisions laid down in Chapter III of Directive 2006/123 in a situation such as that in the present case, in which the service provider has not established himself on a cross-border basis and does not offer services on a cross-border basis, but nevertheless relies on those provisions?

| (b) | Is it relevant to the answer to that question that the operator provides services primarily to self-employed prostitutes from Member States other than the Netherlands? |
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(b)

Is it relevant to the answer to that question that the operator provides services primarily to self-employed prostitutes from Member States other than the Netherlands?

| (c) | In order to answer that question, is it necessary to determine whether undertakings established in other Member States have shown or will show genuine interest in establishing a window prostitution business in Amsterdam? |
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(c)

In order to answer that question, is it necessary to determine whether undertakings established in other Member States have shown or will show genuine interest in establishing a window prostitution business in Amsterdam?

| 3. | To the extent to which the operator is entitled to rely on the provisions of Chapter III of Directive 2006/123, does Article 10(2)(c) of that directive preclude a measure such as that at issue here, whereby an operator of window prostitution businesses is allowed to rent out rooms in shifts only to prostitutes who are able to make themselves understood by the operator in a language which he understands? |
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3.

To the extent to which the operator is entitled to rely on the provisions of Chapter III of Directive 2006/123, does Article 10(2)(c) of that directive preclude a measure such as that at issue here, whereby an operator of window prostitution businesses is allowed to rent out rooms in shifts only to prostitutes who are able to make themselves understood by the operator in a language which he understands?

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