End date 2010 | Ruling court European Court of Justice | |
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Citation(s) (2010) C-137/09, [2010] I-13019 Similar Geraets‑Smits v Stichting Ziekenfonds, Omega Spielhallen und Auto, Alpine Investments BV v Mini, Laval Un Partneri Ltd v Svensk | ||
Josemans v Burgemeester van Maastricht (2010) C-137/09 is an EU law case, concerning the free movement of services in the European Union.
Contents
Facts
Netherlands prohibited marketing of marijuana, but tolerated by law. Municipal legislation in Maastricht limited access to marijuana cafes to residents only. Josemans, who ran a coffee shop selling marijuana, claimed that this prohibition contravened the freedom to provide services under TFEU article 56, and this it would have to be justified.
Judgment
The Court of Justice, Second Chamber, held that TFEU article 56 could not be relied on to challenge municipal laws. Legislation restricting free movement of services was justified by the need to combat drug tourism.
Significance
The case has been criticised for its inconsistency on previous Court of Justice cases on illegal services. For example, De Witte writes the following.