that functions as an authorization system or imposes burdens must be justified on grounds of overriding public interest4 (art. 4(8) of Services Directive). Such measures must also be non-discriminatory, necessary and proportionate to the objectives pursued. The Directive incorporates the concept of overriding public interest as developed in the case law of the Court of Justice of the European Union (CJEU). The Court has consistently held that the mere need to ensure the quality of a product does not, in itself, constitute an overriding reason capable of justifying a restriction on the freedom to provide services, except where such a requirement is connected to considerations of public health5. Accordingly, any mandatory classification scheme that entails an authorization process must comply with the Directive provisions, particularly the requirements of justification for overriding reasons of public interest and the principles of necessity, non-discrimination and proportionality. 2. Food and consumer protection: Regulation (EC) No 852/20046 lays down hygiene rules for foodstuffs, while Regulation (EU) No 1169/20117 harmonizes the rules on food information to consumers. These instruments establish minimum safety and transparency requirements but do not introduce any grading of restaurant quality. 3. The Unfair Commercial Practices: Directive (2005/29/EC)8 governs how traders communicate claims. Under articles 6 and 7, if a restaurant uses labels or “stars” to indicate quality, the information must be clear, truthful, non-misleading, and capable of substantiation. Likewise, the display of a quality mark or equivalent without authorization, or the claiming that a product has been approved or endorsed by a public body when it has not, constitutes an unfair commercial practice (Annex I, points 2 and 4). 4 Rebollo Puig, M. De las licencias urbanísticas a las declaraciones responsables, Revista de Estudios de la Administración Local y Autonómica. Nueva Época – N.º 11, Abril-Septiembre 2019, pp. 6-28. 5 Court of Justice of the European Union. (2005, June 9). Alfa Vita Vassilopoulos AE and Carrefour Marinopoulos AE v Elliniko Dimosio (Joined Cases C-158/04 and C-159/04, ECLI:EU:C:2005:350 6 European Parliament and Council of the European Union. (2004). Regulation (EC) No 852/2004 on the hygiene of foodstuffs. OJ L 139, 1–54. 7 European Parliament and Council of the European Union. (2011, October 25). Regulation (EU) No 1169/2011 on the provision of food information to consumers. Official Journal of the European Union, L 304, 18–63. 8 European Parliament and Council of the European Union. (2005, May 11). Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (“Unfair Commercial Practices Directive”). Official Journal of the European Union, L 149, 22–39. 605 RESTAURANT CLASSIFICATION IN TOURISM
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