Judgment of the Court (Fifth Chamber) of 31 May 2001 in Case C-283/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Free movement of workers — Freedom of establishment — Freedom to provide services — Private security activities — Private security firms and private sworn security guards — Nationality conditions)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, freedom to provide services, right of establishment, security services

C 200/22

EN

Official Journal of the European Communities

14.7.2001

1. Dismisses the appeals;

2. Orders D and the Kingdom of Sweden jointly and severally to

pay the costs;

3. Orders the Kingdom of Denmark and the Kingdom of the

Netherlands to bear their own costs.

the Italian Republic has failed to fulfil its obligations under
Articles 48, 52 and 59 of the EC Treaty (now, after amendment,
Articles 39 EC, 43 EC and 49 EC) — the Court (Fifth Chamber),
composed of: A. La Pergola, President of the Chamber, P. Jann
(Rapporteur), L. Sevo´ n, S. von Bahr and C.W.A. Timmermans,
Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau,
Head of Division, for the Registrar, has given a judgment on
31 May 2001, in which it:

(1) OJ C 188 of 3.7.1999.

1. Declares that, by providing that:

— private security work (including surveillante or care-
taking of movable property and buildings) may be
carried out in Italy, subject to licence, only by private
security firms holding Italian nationality;

— only Italian nationals possessing such a licence may
be employed as sworn private security guards, the
Italian Republic has failed to fulfil its obligations
under Articles 48, 52 and 59 of the EC Treaty (now,
after amendment, Articles 39 EC, 43 EC and 49 EC);

2. Orders the Italian Republic to pay the costs.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 June 2001

in Case C-479/99 (reference for a preliminary ruling from
the Finanzgericht Düsseldorf): CBA Computer Handels-
und Beteiligungs GmbH, formerly VOBIS Microcomputer
AG v Hauptzollamt Aachen (1)

(Common Customs Tariff — Tariff headings — Tariff
classification of computer ‘sound cards’ — Classification in
the Combined Nomenclature — Validity of Regulations (EC)
Nos 1153/97 and 2086/97)

(2001/C 200/39)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-479/99: reference to the Court under Article
234 EC from the Finanzgericht Düsseldorf (Germany) for a
preliminary ruling in the proceedings pending before that
court between CBA Computer Handels- und Beteiligungs
GmbH, formerly VOBIS Microcomputer AG and Hauptzollamt
Aachen — on the interpretation of headings 8471, 8473 and
8543 of the Combined Nomenclature of the Common Cus-
toms Tariff, set out in Annex I to Council Regulation (EEC)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 31 May 2001

in Case C-283/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Free
movement of workers — Freedom of establishment —
Freedom to provide services — Private security activities —
Private security firms and private sworn security guards —
Nationality conditions)

(2001/C 200/38)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-283/99: Commission of the European Communities
(Agents: initially by A. Aresu and M. Patakia and subsequently
by E. Traversa and M. Patakia) v Italian Republic (Agents:
U. Leanza assisted initially by P.G. Ferri and subsequently by
F. Quadri) — application for a declaration that, by providing
that:

— private security work (including surveillance or caretaking
of movable property and buildings) may be carried out in
Italy, subject to licence, only by ‘private security firms’
holding Italian nationality;

— only Italian nationals possessing such a licence may be

employed as ‘sworn private security guards’,