29.3.2014
EN
Official Journal of the European Union
C 93/13
Judgment of the Court (Third Chamber) of 6 February 2014 (request for a preliminary ruling from the Tribunal Central Administrativo Norte, Portugal) — IPTM-Instituto Portuário e dos Transportes Marítimos v Navileme — Consultadoria Náutica, Lda, Nautizende — Consultadoria Náutica, Lda
(Case C-509/12) (1)
(Reference for a preliminary ruling - Article 52 and Article 56 TFEU - Freedom to provide services - Grant of a recreational boating licence - Condition of residency in the issuing country - Restriction for non-residents - Maintaining maritime safety - Public policy)
2014/C 93/20
Language of the case: Portuguese
Referring court
Tribunal Central Administrativo Norte
Parties to the main proceedings
Applicant: IPTM-Instituto Portuário e dos Transportes Marítimos
Defendant: Navileme — Consultadoria Náutica, Lda, Nautizende — Consultadoria Náutica, Lda
Re:
Request for a preliminary ruling — Tribunal Central Administrativo Norte — Portugal — Interpretation of Articles 18, 20, 45, 52 and 62 TFEU — Discrimination on grounds of nationality — Free movement of persons and freedom to provide services — Restrictions — Provision imposing a condition of residency within the national territory for the grant of a recreational boating licence.
Operative part of the judgment
Article 52 and Article 56 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which imposes a condition of residence within the national territory for European Union citizens seeking to obtain a recreational boating licence in that Member State.
(1) OJ C 32, 2.2.2013.
Full & Egal Universal Law Academy