CELEX: 62007CA0567
Language: en
Date: 2009-10-01 00:00:00
Title: Case C-567/07: Judgment of the Court (First Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Wonen, Wijken en Integratie v Woningstichting Sint Servatius (Free movement of capital — Article 56 EC — Restrictions — Justification — Housing policy — Services of general economic interest)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/6
            
         Judgment of the Court (First Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Wonen, Wijken en Integratie v Woningstichting Sint Servatius
   (Case C-567/07) (1)
   
   (Free movement of capital - Article 56 EC - Restrictions - Justification - Housing policy - Services of general economic interest)
   2009/C 282/09
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicant: Minister voor Wonen, Wijken en Integratie
   
      Defendant: Woningstichting Sint Servatius
   
      Re:
   
   Reference for a preliminary ruling — Raad van State — Interpretation of Articles 56 EC, 58 EC, 86(2) EC, 87 EC and 88 EC — National legislation which, in the absence of prior authorisation by the Minister concerned, prohibits cross-border activities on the part of an undertaking required by statute to operate in furtherance of the housing policy of the Member State in question — Housing policy and public interest
   
      Operative part of the judgment
   
   Article 56 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the exercise of cross-frontier activities of institutions approved under Article 70(1) of the Housing Law (Woningwet) in relation to housing matters subject to prior administrative authorisation, in so far as such legislation is not based on objective, non-discriminatory criteria which are known in advance and which are capable of adequately circumscribing the exercise by the national authorities of their discretion, a matter which falls to be determined by the national court.
   
      (1)  OJ C 64, 8.3.2008.