23.2.2008

Official Journal of the European Union

C 51/11

(Case C-465/05)

(Failure of a Member State to fulfil its obligations - Freedom to provide services - Right of establishment - Occupation of security guard - Private security services - Oath of allegiance to the Italian Republic - Authorisation from the Prefetto - Place of business - Minimum number of employees - Lodging of a guarantee - Administrative control of the pricing of services provided)

(2008/C 51/18)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa and E. Montaguti, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and D. Del Gaizo, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 49 EC — Requirements for the exercise of the occupation of private security guard — Obligation to swear an oath of allegiance to the Italian Republic — Obligation to obtain an authorisation from the Prefetto

Operative part of the judgment

The Court:

Declares that, in relation to the Consolidated Law on public security (Testo unico delle leggi di pubblica sicurezza), approved by Royal Decree No 773 of 18 June 1931, as amended:

—by providing that it is obligatory to swear an oath of allegiance to the Italian Republic in order to work as a private security guard, the Italian Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC;

—by providing that private security activities may be pursued by service providers established in other Member States only after authorisation of limited territorial validity has been granted by the Prefetto, without requiring account to be taken of the obligations to which those service providers are already subject in the Member States of origin, the Italian Republic has failed to fulfil its obligations under Article 49 EC;

—by providing that that authorisation is to have limited territorial validity and that the granting of such authorisation is to be subject to consideration of the number and size of security undertakings already operating in the area in question, the Italian Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC;

—by providing that private security undertakings must have a place of business in each province in which they operate, the Italian Republic has failed to fulfil its obligations under Article 49 EC;

—by providing that the staff of those undertakings must be individually authorised to undertake private security work, without requiring account to be taken of the controls and verifications already carried out in the Member State of origin, the Italian Republic has failed to fulfil its obligations under Article 49 EC;

—by providing that private security undertakings must have a minimum and/or a maximum number of employees in order to obtain authorisation, the Italian Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC;

—by providing that those undertakings must lodge a guarantee with the local Cassa depositi e prestiti, the Italian Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC; and

—by providing that the prices for private security services are to be fixed, with the approval of the Prefetto, within the limits of a predetermined margin for variation, the Italian Republic has failed to fulfil its obligations under Article 49 EC;

Orders the Italian Republic to pay the costs.

(1)

OJ C 60, 11.3.2006.