Judgment of the Court (First Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Wonen, Wijken en Integratie v Woningstichting Sint Servatius

(Case C-567/07) (1)

(Free movement of capital - Article 56 EC - Restrictions - Justification - Housing policy - Services of general economic interest)

2009/C 282/09

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Minister voor Wonen, Wijken en Integratie

Defendant: Woningstichting Sint Servatius

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Articles 56 EC, 58 EC, 86(2) EC, 87 EC and 88 EC — National legislation which, in the absence of prior authorisation by the Minister concerned, prohibits cross-border activities on the part of an undertaking required by statute to operate in furtherance of the housing policy of the Member State in question — Housing policy and public interest

Operative part of the judgment

Article 56 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the exercise of cross-frontier activities of institutions approved under Article 70(1) of the Housing Law (Woningwet) in relation to housing matters subject to prior administrative authorisation, in so far as such legislation is not based on objective, non-discriminatory criteria which are known in advance and which are capable of adequately circumscribing the exercise by the national authorities of their discretion, a matter which falls to be determined by the national court.

(1)  OJ C 64, 8.3.2008.