11.10.2008   

EN

Official Journal of the European Union

C 260/6


Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 15 July 2008 — Angelo Grisoli v Regione Lombardia and Comune di Roccafranca

(Case C-315/08)

(2008/C 260/08)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Angelo Grisoli

Defendant: Regione Lombardia

Questions referred

1.

Is it compatible with Articles 152 and 153 of the Treaty on the European Union that there is a single pharmacy in communes with a population of less than 4 000 inhabitants?

2.

Is it compatible with Articles 152 and 153 of the Treaty on European Union to make the establishment of the second pharmacy in communes with a population of over 4 000 inhabitants subject to conditions such as population over that amount of at least 50 per cent of the levels, distance of at least 3 000 metres from the existing pharmacy, and existence of particular requirements of the pharmacy service in relation to the topographical and road conditions, to be assessed by both the health units (local health companies) and the local association of pharmacists or in any event by the authorities competent for matters of organisation and review of the pharmacy service?