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Publication: OIR-study on the implications of an obligation for notifying local plans

In 2018, the European Court of Justice decided that certain spatial restrictions for retail - resulting from a local zoning plan - may fall under the EU Services Directive 2006/123 (‚Visser ruling‘). In these cases, EU notification of corresponding (restrictive) measures is required. Thus, authorities have to prove non-discrimination, necessity and proportionality of the measures. In the study, commissioned by the Committee of the Regions, Ursula Mollay, Erich Dallhammer and Joanne Tordy – with the support of the project partners t33 and Spatial Foresight – examined the decision’s potential effects for European municipalities and presented alternatives to the implementation of respective notifications.
The study ‘The EU’s notification procedure under the Services Directive – implications for local and regional authorities in the light of the January 2018 ECJ ruling’ is now available for download.