European Court of Justice Weighs Dutch Cannabis Ban for Foreigners

Date: 05 May 2010

Excerpt from story published by Der Spiegel, by Paul van der Steen in Luxembourg

The Dutch government wants to ban cannabis sales to foreigners, but coffee shops in Holland argue that it's a violation of EU free-trade regulations. The European Court of Justice will now decide.

The continuing struggle of Dutch border towns against drug tourism could soon take a new turn, as the European Court of Justice (ECJ) prepares to hand down a ruling regarding one of the most severe measures employed in this battle so far.

Last Thursday, the ECJ heard arguments in Josemans v. Maastricht. The case dates to 2006, when authorities found two foreign nationals on the premises of Easy Going, a coffee shop that sells cannabis. Maastricht is the largest city in the far south of the Netherlands; it sits directly on the Belgian border and is only a 30 minute drive from Germany. The Easy Going coffee shop there is owned by Marc Josemans, who is also the chairman of a branch association to which the city's coffee shop owners belong.

Free Market for Drugs?

Law enforcement officers found the two foreigners shortly after a municipal regulation had gone into effect prohibiting the presence of foreigners in coffee shops...

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Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 15 April 2009 — M.M. Josemans and the Burgemeester of Maastricht v Rechtbank Maastricht

(Case C-137/09)

(2009/C 141/57)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants:

1. M.M. Josemans

2. Burgemeester of Maastricht

Questions referred

Does a regulation, such as that at issue in the main proceedings, concerning the access of non-residents to coffee shops, fall wholly or partly within the scope of the EC Treaty, with particular reference to the free movement of goods and/or services, or of the prohibition of discrimination laid down in Article 12 in conjunction with Article 18 of the EC Treaty?
In so far as the provisions of the EC Treaty concerning the free movement of goods and/or services are applicable, does a prohibition of the admission of non-residents to coffeeshops form a suitable and proportionate means of reducing drug tourism and the public nuisance which accompanies it?
Is the prohibition of discrimination against citizens on grounds of nationality, as laid down in Article 12 in conjunction with Article 18 of the EC Treaty, applicable to the rules on the access of non-residents to coffeeshops if and in so far as the provisions of the EC Treaty concerning the free movement of goods and services are not applicable?
If so, is the resulting indirect distinction between residents and non-residents justified, and is the prohibition of the admission of non-residents to coffeeshops a suitable and proportionate means of reducing drug tourism and the public nuisance which accompanies it?