Josemans v Burgemeester van Maastricht

Josemans, who ran a coffee shop selling marijuana, claimed that this prohibition contravened the freedom to provide services under TFEU article 56, and that it would have to be justified.

63 In the present case, it is common ground that the rules at issue in the main proceedings are intended to put an end to the public nuisance caused by the large number of tourists wanting to purchase or consume cannabis in the coffee-shops in the municipality of Maastricht.

75 It is indisputable that a prohibition on admitting non-residents to coffee-shops, such as that which is the subject-matter of the dispute in the main proceedings, constitutes a measure capable of substantially limiting drug tourism and, consequently, of reducing the problems it causes.

76 In that connection, it is important to point out that the discriminatory nature of the rules at issue in the main proceedings does not, on its own, mean that the way in which they pursue the intended objective is inconsistent.

By contrast, prostitution, the behaviour referred to in Adoui and Cornuaille, aside from trafficking in human beings, is tolerated or regulated in a number of Member States (see, to that effect, Case C-268/99 Jany and Others [2001] ECR I‑8615, paragraph 57).