Residents criterion

The Josémans ruling (2010)

The Court of Justice ruling that laid the legal foundation for the I-criterion.

Part of: Residents criterion (I-criterion)

What the Court said

In the Josémans ruling (CJEU 16 December 2010, C-137/09) the Court of Justice of the European Union held that refusing access to a coffeeshop for non-residents is compatible with the free movement of services and goods, given the objectives of public order and public health.

Why this matters

With this ruling the I-criterion gained a solid European legal foundation. Municipalities and the Public Prosecution Service could from then on refuse tourists without it qualifying as unlawful discrimination — provided the criterion was applied consistently and proportionately.