Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-181/02 P: Commission of the European Communities v Kvaerner Warnow Werft GmbH (Appeal — State aid — Shipbuilding — Commission decisions authorising payment of aid — Condition — Compliance with a ‘capacity restriction’ — Definition)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Commission, Germany, State aid, aid to industry, appeal, shipbuilding

30.4.2004

EN

Official Journal of the European Union

C 118/23

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,

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

(c) must be constituted as a legal person,

(d) must have a specific share capital;

in view of the fact that the staff members of foreign under-
takings 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;

in Case C-181/02 P: Commission of the European Commu-
nities v Kvaerner Warnow Werft GmbH (1)

(Appeal — State aid — Shipbuilding — Commission deci-
sions authorising payment of aid — Condition — Compli-
ance with a ‘capacity restriction’ — Definition)

2.

3.

the fact

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

that

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.
the Fifth
Jann (Rapporteur) acting for the President of
Chamber, A. Rosas and S. von Bahr, Judges; S. Alber, Advo-
cate 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;

— be constituted as a legal person;

— 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;

— 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.

(2004/C 118/40)

(Language of the case: German)

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

In Case C-181/02 P: Commission of the European Commu-
nities (Agents: K.-D. Borchardt and V. Kreuschitz), with an
address for service in Luxembourg – appeal against the judg-
ment of the Court of First Instance of the European Commu-
nities (Fourth Chamber, Extended Composition) of 28 February
2002 in Joined Cases T-227/99 and T-134/00 Kvaerner
Warnow Werft v Commission [2002] ECR II-1205, seeking to
have that judgment set aside, the other party to the proceedings
being: Kvaerner Warnow Werft GmbH, established in Rostock-
Warnemünde (Germany), (avocat: M. Schütte ) with an address
for service in Luxembourg, – the Court
(Fifth Chamber),
composed of C.W.A. Timmermans, acting as President of the
Fifth Chamber, A. La Pergola (Rapporteur) and S. von Bahr,
Judges; P. Léger, Advocate General; M. Arzamendi, Principal
Administrator, for the Registrar, has given a judgment on 29
April 2004, in which it:

1. Dismisses the appeal;

2. The remainder of the action is dismissed.

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

costs.

2. Orders the Commission of the European Communities to pay the

(1) OJ C 169, 13.7.2002.

(1) OJ C 169, 13.7.2002.