BEMH and Conseil national des centres commerciaux (Freedom of establishment - Commercial operating permit issued by a collegiate body - Judgment) [2021] EUECJ C-325/20 (15 July 2021)

BEMH and Conseil national des centres commerciaux (Freedom of establishment - Commercial operating permit issued by a collegiate body - Judgment) [2021] EUECJ C-325/20 (15 July 2021)

Article 14(6) of Directive 2006/123/EC precludes national legislation that allows recognised experts representative of the local economic fabric, appointed by chambers of commerce or similar bodies, to participate in collegiate bodies responsible for issuing opinions on commercial operating permits, even if they do not vote and only present information, where actual or potential competitors of the applicant participate in their appointment.

Citation
[2021] EUECJ C-325/20
Parties
Applicant: BEMH; Applicant: Conseil national des centres commerciaux (CNCC); Referring Court: Conseil d’État (Council of State, France)
Jurisdiction
European Union
Judgment Date
15 July 2021
Procedural Posture
Preliminary Ruling / Judgment on Reference From National Court
Outcome
Reference answered; national legislation precluded by Article 14(6) of Directive 2006/123/EC.
Legal Topics
Freedom of Establishment, Services in the Internal Market, Commercial Operating Permits, Composition of Administrative Bodies
EU Law Administrative Law Freedom of Establishment Services in the Internal Market Commercial Operating Permits Composition of Administrative Bodies

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Parties

BEMH

Applicant

Conseil national des centres commerciaux (CNCC)

Applicant

Conseil d’État (Council of State, France)

Referring Court

Procedural Posture

Preliminary Ruling / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 14(6) of Directive 2006/123/EC precludes national legislation allowing recognised experts representative of the local economic fabric, appointed by chambers of commerce or similar bodies, to participate in collegiate bodies issuing opinions on commercial operating permits, even if they do not vote and only present information.

Ratio Decidendi

Article 14(6) of Directive 2006/123/EC precludes national legislation that allows recognised experts representative of the local economic fabric, appointed by chambers of commerce or similar bodies, to participate in collegiate bodies responsible for issuing opinions on commercial operating permits, even if they do not vote and only present information, where actual or potential competitors of the applicant participate in their appointment.

Court Disposition

Reference answered; national legislation precluded by Article 14(6) of Directive 2006/123/EC.

Orders

  • Article 14(6) of Directive 2006/123/EC must be interpreted as precluding national legislation that permits the presence, within a collegiate body responsible for issuing opinions on the granting of commercial operating permits, of recognised experts representative of the local economic fabric in the relevant...