87As regards the first factor mentioned by the referring court, that is to say, the replacement of a licence requirement by a prohibition in national law, it must be observed that the Court has held that national provisions which merely lay down conditions governing the establishment of undertakings, such as provisions making the exercise of an activity subject to prior authorisation, do not constitute technical regulations within the meaning of Article 1(9) of Directive 83/189. Technical regulations within the meaning of that provision are specifications defining the characteristics of products and not specifications concerning economic operators (see Canal Satélite Digital, paragraph 45, and the case-law cited).
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