Brussels, 26/09/2013 (Agence Europe) - In a judgment handed down on 6 September (case C-539/11), the Court of Justice of the EU ruled that the demographic and geographical limitations laid down in Sicilian regional law 12/2004 on the opening of new opticians' shops (there may be only one optician's shop per 8,000 residents and the distance between one optician's shop and another must not be less than 300 metres) constitute a restriction on the freedom of establishment in that they prevent opticians from freely choosing where to exercise their independent activity rendering less attractive the exercise by opticians from other member states of their activities in Italian territory through a fixed place of business. It accepts, however, by analogy with the case law on the distribution of pharmacies - cases C-570/07 and C-571/10 - limitations imposed by the law seeking to ensure a rational distribution of opticians' shops may be justified by reasons of protection of public health, in particular, the general objective of ensuring even distribution of healthcare providers throughout the national territory. They may, therefore, be compatible with EU law, so long as the competent authorities use the discretionary power granted them (allowing them, where there exist demonstrated territorial requirements, to deliver authorisations to open a shop on a case-by-case basis, after obtaining the opinion of a special committee of the local chamber of commerce, which is made up of representatives of opticians), “in accordance with transparent and objective criteria, with a view to attaining, in a coherent and systematic manner, the objectives pursued relating to the protection of public health throughout the territory concerned”. It will be for national courts to determine whether these criteria are met. (FG/transl.fl)