See the full opinion
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The conclusions of the Advocate General’s Opinion in Case C-813/24 is unequivocal and is reproduced in full below:
“139. In the light of the foregoing considerations, I propose that the Court of Justice give the following reply to the Cour d’appel de Bruxelles (Court of Appeal, Brussels, Belgium):
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as meaning that :
- Article 9 of Directive 2006/123 does not preclude a legal scheme that makes the provision of a dwelling for use as tourist accommodation on a regular or occasional basis subject to a prior declaration and registration, provided that that scheme is necessary and proportionate for the purposes of the protection of tourists and the urban environment. It is for the national court to assess the necessity and proportionality of that scheme, taking into account its geographical scope, whether it is based on studies and precise data, and its effects on residential needs in the urban areas in which it applies.
- Article 10 of Directive 2006/123 precludes a legal scheme which makes the operation of tourist accommodation conditional on the presentation of a certificate of town planning compliance, where planning permission must be obtained before that certificate can be issued and the certificate is issued by the municipal authorities with a broad discretion, under national legislation which lacks clarity, objectivity and transparency.
- Article 13 of Directive 2006/123 precludes a legal scheme which makes the operation of tourist accommodation conditional on the presentation of a certificate of town planning compliance, where no time limit is set for the issue of that certificate, no specific obligation to state reasons is imposed and no specific means of redress is provided for against a refusal decision.”
On the basis of this opinion, the Court of Justice of the European Union is expected to deliver its ruling in the coming months.
