# C_2004118EN.01002202.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/22 |
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30.4.2004

EN

Official Journal of the European Union

C 118/22

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-171/02: Commission of the European Communities v Portuguese Republic (1)

1

(Articles 39 EC, 43 EC and 49 EC - Directive 92/51/EEC - General system for the recognition of professional education and training - Private security services - Provisions of a Member State requiring private security firms, in order that they may operate in Portugal, to have their head office or an establishment in Portugal, to be constituted as a legal person, to have a specific share capital and to provide references and guarantees already submitted in the Member State of origin - Failure to provide for recognition of professional qualifications in the private security services sector)

(2004/C 118/39)

Language of the case: Portuguese

In Case C-171/02: Commission of the European Communities (Agents: M. Patakia and A. Caeiros), with an address for service in Luxembourg, against Portuguese Republic (Agent: L. Fernandes, assisted by J.M. Calheiros), with an address for service in Luxembourg – application for a declaration that:

| 1. | in view of the fact that, under the regime for type approval to be given by the Minister for Internal Administration, foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal






  (a) | must have their head office or an establishment in Portugal, |
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1.

in view of the fact that, under the regime for type approval to be given by the Minister for Internal Administration, foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal

(a)

must have their head office or an establishment in Portugal,

| (b) | may not rely on references and guarantees already submitted in their Member State of establishment, |
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(b)

may not rely on references and guarantees already submitted in their Member State of establishment,

| (c) | must be constituted as a legal person, |
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(c)

must be constituted as a legal person,

| (d) | must have a specific share capital; |
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(d)

must have a specific share capital;

| 2. | in view of the fact that the staff members of foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal must hold a professional licence issued by the Portuguese authorities; |
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2.

in view of the fact that the staff members of foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal must hold a professional licence issued by the Portuguese authorities;

| 3. | in view of the fact that the professions in the private security services sector are not subject to the Community system for the recognition of professional qualifications,
  the Portuguese Republic has failed to fulfil its obligations under Articles 39 EC, 43 EC and 49 EC and under Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – the Court (Fifth Chamber), composed of: P. Jann (Rapporteur) acting for the President of the Fifth Chamber, A. Rosas and S. von Bahr, Judges; S. Alber, Advocate General; R. Grass, Registrar, has given a judgment on 29 April 2004, the operative part of which is as follows: |
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3.

in view of the fact that the professions in the private security services sector are not subject to the Community system for the recognition of professional qualifications,

the Portuguese Republic has failed to fulfil its obligations under Articles 39 EC, 43 EC and 49 EC and under Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – the Court (Fifth Chamber), composed of: P. Jann (Rapporteur) acting for the President of the Fifth Chamber, A. Rosas and S. von Bahr, Judges; S. Alber, Advocate General; R. Grass, Registrar, has given a judgment on 29 April 2004, the operative part of which is as follows:

| 1. | By requiring that, in order that they may be able to operate in Portugal, foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal must:






  — | have their head office or a permanent establishment in Portugal; |
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1.

By requiring that, in order that they may be able to operate in Portugal, foreign undertakings wishing to provide person and goods surveillance services in the private security services sector in Portugal must:

—

have their head office or a permanent establishment in Portugal;

| — | be constituted as a legal person; |
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—

be constituted as a legal person;

| — | have a minimum share capital; |
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—

have a minimum share capital;

| — | obtain a licence granted by the Portuguese authorities without their being able to rely on references and guarantees already submitted in their Member State on origin; |
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—

obtain a licence granted by the Portuguese authorities without their being able to rely on references and guarantees already submitted in their Member State on origin;

| — | ensure that their staff members hold a professional licence issued by the Portuguese authorities, without their being able to rely on checks or inspections already carried out in the Member State of origin, the Portuguese Republic has failed to fulfil its obligations under Articles 39 EC 43 EC and 49 EC. |
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—

ensure that their staff members hold a professional licence issued by the Portuguese authorities, without their being able to rely on checks or inspections already carried out in the Member State of origin, the Portuguese Republic has failed to fulfil its obligations under Articles 39 EC 43 EC and 49 EC.

| 2. | The remainder of the action is dismissed. |
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2.

The remainder of the action is dismissed.

| 3. | The Portuguese Republic is ordered to pay the costs. |
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3.

The Portuguese Republic is ordered to pay the costs.

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(1)  OJ C 169, 13.7.2002.

1

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