achieve objectives that may or may not coincide with those of the public sector. Therefore, as stated above, extreme precautions must be taken to prevent unwanted deviations and the violation of rights or interests whose protection is the responsibility of the relevant Administration. It should not be forgotten that the private sector, companies, and professionals in the “haute cuisine” sector, legitimately pursue interests that may only occasionally coincide with public interests 17. High quality justifies a high price. This also entails high quality products and careful preparation. As I say, it can be a tourist attraction that motivates visits or trips to the specific destination. However, it may also involve an improper application of the so-called “reservation or right of admission.” If the restaurant in question only wants a certain type of customer and discriminates, for example, in reservations or admission to the establishment, private and public interests would conflict, and therefore the latter should prevail, with the public administration having to exercise its powers to enforce them, where appropriate 18. 3.2.1. The success of the Michelin Guide (Michelin stars) The Michelin Guide 19is today one of the benchmarks, perhaps the most 17 DARNACULLETA I GARDELLA, M. M., (2003), “Derecho administrativo y autorregulación: la autorregulación regulada, Universitat de Girona, Tesis doctoral, [DARNACULLETA I GARDELLA, MM, (2003), “Administrative law and self-regulation: regulated self-regulation, University of Girona , Doctoral thesis.] 18 The right of admission is configured as a power of the owners of public establishments, recreational activities and public shows, the exercise of which finds an unbreakable limit in the basic principles of equality and prohibition of discrimination of article 14 of the CE. Thus, it violates this fundamental right to prevent the entry of people of color (as declared by Judgment No. 440 of the First Section of the Provincial Court of Alicante), of persons of legal age (in this sense, Judgment No. 308 of the Fourth Section of the Contentious-Administrative Division of the High Court of Justice of Andalusia, of March 12, 2009), or of disabled persons (thus, Judgment No. 370 of the Oviedo AP, of the Criminal Division, of November 13, 2000). Likewise, it would violate Article 14 to prevent entry to a user or spectator due to their sex or sexual orientation, or any other personal or social circumstance that does not respond to the conditions of security and public order that the owner of an establishment, show or public or recreational activity has the duty to observe. The same could be said of the arbitrary application of dress or image requirements. In this regard, see LAMORA CASTILLÓN, M., (2013), “El derecho de admisión en los establecimientos y espectáculos públicos: su tratamiento por la jurisprudencia”, Economist & Jurist, Vol. 21, núm. 172, p. 31, [LAMORA CASTILLÓN, M., (2013), “The right of admission to public establishments and shows: its treatment by jurisprudence”, Economist & Jurist , Vol. 21, No. 172, p. 31] 19 It all began in Clermont-Ferrand, in central France. In 1889, brothers André and Edouard Michelin founded the tire company that bears their name, encouraged by positive prospects for the automobile industry in France, which at the time had fewer than 3,000 vehicles. To support the development of this industry and, at the same time, the development of the Michelin Group, they decided to provide motorists with a small guide to make their travels easier. Thus was born the famous MICHELIN Guide, the first edition of which appeared in France in August 1900. In its introduction, André Michelin wrote: “This work appears with the century and will last as long as it does.” The guide included a wealth of practical information: maps, instructions for changing a tire, where to refuel, and, fortunately for the traveler who needed to recover from the day’s adventures, a list of places to eat and stay. 12 ALEJANDRO CORRAL SASTRE
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