Judgment_paragraph 93 · Nordic Info BV v Belgische Staat (C-128/22)

93It should be borne in mind that an objective of general interest, such as the objective of protecting public health referred to in Article 27(1) and Article 29(1) of Directive 2004/38, may not be pursued by a national measure without having regard to the fact that it must be reconciled with the fundamental rights and principles affected by that measure as enshrined in the Treaties and the Charter, by properly balancing that objective of general interest against the rights and principles at issue, in order to ensure that the disadvantages caused by that measure are not disproportionate to the aims pursued. Thus, the question whether a limitation on the rights guaranteed in Articles 7 and 16 of the Charter and on the principle of freedom of movement enshrined in Article 3(2) TEU, in Articles 20 and 21 TFEU, as implemented by Directive 2004/38, and in Article 45 of the Charter may be justified must be assessed by measuring the seriousness of the interference which such a limitation entails and by verifying that the importance of the objective of general interest pursued by that limitation is proportionate to that seriousness (see, to that effect, judgments of 22 November 2022, Luxembourg Business Registers, C‑37/20 and C‑601/20, EU:C:2022:912, paragraph 64 and the case-law cited, and of 26 April 2022, Poland v Parliament and Council, C‑401/19, EU:C:2022:297, paragraph 66 and the case-law cited).

Nordic Info BV v Belgische Staat (C-128/22)

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