Press Release: Judgment in Case C-539/11. Ottica New Line

The demographic and geographical limitations laid down in the Italian legislation on the opening of new opticians’ shops constitute a restriction on the freedom of establishment.

Nonetheless, those limitations may be compatible with EU law if the competent authorities use their discretionary powers in accordance with transparent and objective criteria, with a view to attaining, in a coherent and systematic manner, the objective of the protection of public health throughout the territory.