Judgment_paragraph 14 · Instituto Portuário e dos Transportes Marítimos (IPTM) v Navileme — Consultadoria Náutica Lda and Nautizende — Consultadoria Náutica Lda (C-509/12)

14While such a provision of Portuguese law applies without distinction to nationals and non‑nationals and is not, therefore, based on the nationality of the candidates seeking to obtain a boating licence, it does, however, use as the distinguishing criterion their place of residence. It is settled case‑law that a provision of national law under which a distinction is drawn on the basis of residence is liable to operate mainly to the detriment of nationals of other Member States, as non-residents are in the majority of cases foreign nationals (see, to that, effect, Case C-350/96 Clean Car Autoservice [1998] ECR I-2521, paragraph 29; Ciola, paragraph 14; and Case C-382/08 Neukirchinger [2011] ECR I-139, paragraph 34).