CELEX: 62015CA0015
Language: en
Date: 2016-06-21 00:00:00
Title: Case C-15/15: Judgment of the Court (Grand Chamber) of 21 June 2016 (request for a preliminary ruling from the Rechtbank van koophandel te Gent — Belgium) — New Valmar BVBA v Global Pharmacies Partner Health Srl (Reference for a preliminary ruling — Free movement of goods — Prohibition of measures having equivalent effect to quantitative restrictions on exports — Article 35 TFEU — Company established in the Dutch-speaking region of the Kingdom of Belgium — Legislation requiring invoices to be drawn up in Dutch, failing which they are null and void — Cross-border concession agreement — Restriction — Justification — Disproportionate)

29.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 314/4
            
         Judgment of the Court (Grand Chamber) of 21 June 2016 (request for a preliminary ruling from the Rechtbank van koophandel te Gent — Belgium) — New Valmar BVBA v Global Pharmacies Partner Health Srl
   (Case C-15/15) (1)
   
   ((Reference for a preliminary ruling - Free movement of goods - Prohibition of measures having equivalent effect to quantitative restrictions on exports - Article 35 TFEU - Company established in the Dutch-speaking region of the Kingdom of Belgium - Legislation requiring invoices to be drawn up in Dutch, failing which they are null and void - Cross-border concession agreement - Restriction - Justification - Disproportionate))
   (2016/C 314/05)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van koophandel te Gent
   
      Parties to the main proceedings
   
   
      Applicant: New Valmar BVBA
   
      Defendant: Global Pharmacies Partner Health Srl
   
      Operative part of the judgment
   
   Article 35 TFEU must be interpreted as precluding legislation of a federated entity of a Member State, such as the Flemish Community of the Kingdom of Belgium, which requires every undertaking that has its place of establishment within the territory of that entity to draw up all the details on invoices relating to cross-border transactions exclusively in the official language of that entity, failing which those invoices are to be declared null and void by the national courts of their own motion.
   
      (1)  OJ C 118, 13.4.2015.