Limitation to the right of establishment for reasons of general interest

7.9.2017

Question for written answer E-005612-17
to the Commission
Rule 130
Matteo Salvini (ENF)

Article 49 of TFEU (Treaty on the Functioning of the European Union) and Directive 2006/123/EU on services in the internal markets contribute towards regulating the right of establishment.

This right is in fact limited by territorial management policies established by various national authorities.

As established by the Administrative Tribunal of Venice’s Decision 766, dated 1 July 2015, the installation of medium and large scale shopping centres within the scope of urban planning regulations can be restricted for reasons of general interest and territorial management.

Some regional and national authorities have correctly deemed it opportune to introduce a limit to the opening of large scale commercial sale structures, imposing a minimum population consistency in the relevant areas as a condition for approval.

Does the Commission agree that this restriction regarding the freedom to establishment, as a non-discriminatory restriction, solely limited to the requirements in terms of territorial planning, is legitimate?