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Case C-693/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 21 December 2015 — Il Camaleonte Srl v Questore di Napoli, Ministero dell’Interno

ECLI:EU:UNKNOWN:62015CN0693

62015CN0693

December 21, 2015
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EN

Official Journal of the European Union

C 106/22

(Case C-693/15)

(2016/C 106/23)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Il Camaleonte Srl

Defendants: Questore di Napoli, Ministero dell’Interno

Questions referred

(a) it is obligatory to swear an oath of allegiance to the Italian Republic in order to work as a private security guard;

(b) private security guard activities may be pursued by service providers established in another Member State only after authorisation of limited territorial validity has been granted by the Prefetto (provincial governor) without taking account of the obligations to which such providers are already subject in their Member State of origin;

(c) that authorisation is to be of limited territorial validity and is to be granted subject to consideration of the number and size of private security undertakings already operating in the area in question;

(d) private security undertakings must have a place of business in each province in which they operate;

(e) the staff of private security undertakings must be individually authorised to undertake private security work without taking account of the controls and verifications already carried out in the Member State of origin;

(g) [sic] private security undertakings must have a minimum and/or maximum number of employees in order to obtain authorisation;

(h) such undertakings must lodge a guarantee with the local Cassa depositi e prestiti;

(i) 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; [to be interpreted as] precluding, of itself, the provincial public security authority (the Questore) from imposing requirements regarding the provisions of services such as those at issue in this case, [which] make it compulsory to deploy a minimum number of security guards (two) for operations entailing the provisions of particular services?

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