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European Retail Trade is on the Verge of Change

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On January 30, 2018, the European Court of Justice (""ECJ"") rendered a judgment with far-reaching consequences for the European retail trade. The judgment (in two joined cases) centered on the question of whether retail trade is a service to which the Services Directive 2006/123 (""Directive"") applies. The judgment is in answer to requests for a preliminary ruling made by the Supreme Court of the Netherlands (C-360/15) and by the Council of State of the Netherlands (C-31/16).