19 July 2021

Services Directive: Authorization scheme
Article 14(6) of Directive No 2006/123 precludes national legislation that permits the presence, within a collegiate body responsible for issuing opinions on the granting of commercial operating permits, of recognized experts representative of the local economic fabric in the relevant catchment area, even if those experts do not take part in the vote on the application for authorization and merely present the situation of that economic fabric and the impact of the project on that economic fabric, insofar as the actual or potential competitors of the applicant participate in the appointment of those persons.
CJEU Case C-325/20 BEMH and Conseil national des centres commerciaux, Judgment of 15 July 2021, LawLex202100004614JBJ