CELEX: 62009CN0137
Language: en
Date: 2009-04-15 00:00:00
Title: Case C-137/09: Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 15 April 2009 — M.M. Josemans and the Burgemeester of Maastricht v Rechtbank Maastricht

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/32
            
         Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 15 April 2009 — M.M. Josemans and the Burgemeester of Maastricht v Rechtbank Maastricht
   (Case C-137/09)
   2009/C 141/57
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
               Applicants
            
            
               :
            
            
               
                           1.
                        
                        
                           M.M. Josemans
                        
                     
                           2.
                        
                        
                           Burgemeester of Maastricht
                        
                     
         
      Questions referred
   
   
               1.
            
            
               Does a regulation, such as that at issue in the main proceedings, concerning the access of non-residents to coffeeshops, fall wholly or partly within the scope of the EC Treaty, with particular reference to the free movement of goods and/or services, or of the prohibition of discrimination laid down in Article 12 in conjunction with Article 18 of the EC Treaty?
            
         
               2.
            
            
               In so far as the provisions of the EC Treaty concerning the free movement of goods and/or services are applicable, does a prohibition of the admission of non-residents to coffeeshops form a suitable and proportionate means of reducing drug tourism and the public nuisance which accompanies it?
            
         
               3.
            
            
               Is the prohibition of discrimination against citizens on grounds of nationality, as laid down in Article 12 in conjunction with Article 18 of the EC Treaty, applicable to the rules on the access of non-residents to coffeeshops if and in so far as the provisions of the EC Treaty concerning the free movement of goods and services are not applicable?
            
         
               4.
            
            
               If so, is the resulting indirect distinction between residents and non-residents justified, and is the prohibition of the admission of non-residents to coffeeshops a suitable and proportionate means of reducing drug tourism and the public nuisance which accompanies it?