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The EC Notification Directive and its implications for local and regional authorities in the light of the January 2018 ECJ ruling

The study supports the political work of the European Committee of the Regions (CoR) regarding the Services Directive. It identifies the key issues and challenges facing authorities associated with the European Court of Justice’s (ECJ) “Visser judgement” (2018) and the proposed Notification Directive.

Background of specific challenges for local and regional authorities, © ÖIR GmbH

The ECJ’s “Visser Judgement” in January 2018 concluded that land use zoning and planning regulations (laying down restrictions for certain types of retail in a dedicated geographical zone) qualify as a requirement under Articles 14 and 15 of the Services Directive. Accordingly, these measures have to be notified to the European Commission.

Above that, the broader implications of the Services Directive shed light on further notification obligations for local spatial planning but also for various aspects of communal organisation and life administered by local authorities. Analysis and research have enabled conclusions on challenges and concerns at regional and local levels and recommendations on dealing with related risks.

Period of performance: 2019-2020

Project team: Ursula Mollay; Erich Dallhammer, Arndt Münch, Joanne Tordy

Partner: t33, Spatial Foresight

Client: European Union, Committee of the Regions (via t33)

Download: Project description, Final report