RASGOS GENERALES Y PRINCIPALES NOVEDADES DE LA REFORMA DE LA LEY DE ORDENACIÓN DEL COMERCIO MINORISTA.

The consequences of the implementation of the EU Directive on services in the internal market within the scope the Spanish retail trade regulations by means of the amendment of Law 7/1996 («LOCM»), are twofold. The first is the removal, as a general rule, of the requirement to obtain a prior authorisation to set up commercial establishments and the specification of the circumstances under which a competent authority may exceptionally require an authorisation pursuant to the principle of proportionality. The second is the introduction of a new type of sales («outlet sales») for legal purposes, which aims to draw a clear line between the regulations governing these sales and sales of damaged or obsolete goods («saldos»). After outlining the main features and context of the amendment of the Spanish Retail Trade Law, the paper focuses on the policy reasons behind the two relevant developments. [ABSTRACT FROM AUTHOR]