CELEX: C2000/135/01
Language: en
Date: 2000-05-13 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 March 2000 in Case C-355/98: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Free movement of workers — Freedom of establishment — Freedom to provide services — Private security activities — Requirement of prior authorisation — Obligation for legal persons to have their place of business in national territory — Obligation for managers and employees to reside in national territory — Requirement of an identification card issued in accordance with national legislation)

13.5.2000               EN                      Official Journal of the European Communities                                           C 135/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       (a) make the operation of a business falling within that Law
                                                                                  subject to the obtaining of prior authorisation which
                                                                                  depends on a certain number of conditions, namely that:
                          (Fifth Chamber)
                                                                                  — a security firm must have a place of business in
                                                                                      Belgium;
                         of 9 March 2000
                                                                                  — persons who
in Case C-355/98: Commission of the European Communi-
                 ties v Kingdom of Belgium (1)                                        — have charge of the actual management of a security
                                                                                          firm or internal security service, or who
(Failure of a Member State to fulfil its obligations — Free                           — work in or on behalf of such an undertaking or are
movement of workers — Freedom of establishment —                                          employed for the purposes of its activities, with the
Freedom to provide services — Private security activities —                               exception of internal staff working in adminis-
Requirement of prior authorisation — Obligation for legal                                 tration or logistics,
persons to have their place of business in national territory
— Obligation for managers and employees to reside in
national territory — Requirement of an identification card                            must have their permanent residence or, failing that,
        issued in accordance with national legislation)                               their habitual residence in Belgium;
                                                                                  — an undertaking established in another Member State
                          (2000/C 135/01)                                             must obtain authorisation, for the purpose of which
                                                                                      no account is taken of the evidence and guarantees
                                                                                      already presented by it for the pursuit of its activity in
                                                                                      the Member State of establishment; and
                    (Language of the case: French)
                                                                             (b) require every person wishing to exercise a security activity
                                                                                  or provide an internal security service in Belgium to be
                                                                                  issued with an identification card in accordance with that
(Provisional translation; the definitive translation will be published            Law,
                   in the European Court Reports)
                                                                             the Kingdom of Belgium has failed to fulfil its obligations
                                                                             under Articles 48, 52 and 59 of the EC Treaty (now, after
In Case C-355/98: Commission of the European Communities                     amendment, Articles 39 EC, 43 EC and 49 EC) — the Court
(Agent: M. Patakia) v Kingdom of Belgium (Agent: J. Devadder)                (Fifth Chamber), composed of: J.C. Moitinho de Almeida,
— application for a declaration that, by adopting, within the                President of the Sixth Chamber, acting as President of the Fifth
framework of the Law of 10 April 1990 on security firms,                     Chamber, L. Sevón, C. Gulmann, J.-P. Puissochet and P. Jann
security systems firms and internal security services, provisions            (Rapporteur) Judges; F.G. Jacobs, Advocate General; R. Grass,
which                                                                        Registrar, has given a judgment on 9 March 2000, in which it:
 ---pagebreak--- C 135/2                  EN                       Official Journal of the European Communities                                           13.5.2000
1. Declares that by adopting, within the framework of the Law of                              JUDGMENT OF THE COURT
    10 April 1990 on security firms, security systems firms and
    internal security services, provisions which
                                                                                                       (Fourth Chamber)
    (a) make the operation of a business falling within that Law                                        of 9 March 2000
         subject to the obtaining of prior authorisation which depends
         on a certain number of conditions, namely that:
                                                                             in Case C-358/98: Commission of the European Communi-
                                                                                                   ties v Italian Republic (1)
         — a security firm must have a place of business in Belgium;
                                                                             (Failure by a Member State to fulfil its obligations —
                                                                             Provision of cleansing, disinfection, disinfestation,
         — persons who                                                       rodent-control and sanitation services — Undertakings
                                                                             established in other Member States — Obligation to register)
             — have charge of the actual management of a security
                  firm or internal security service, or who                                             (2000/C 135/02)
             — work in or on behalf of such an undertaking or are
                  employed for the purposes of its activities, with the                           (Language of the case: Italian)
                  exception of internal staff working in administration
                  or logistics,
                                                                             (Provisional translation; the definitive translation will be published
             must have their permanent residence or, failing that,                               in the European Court Reports)
             their habitual residence in Belgium;
                                                                             In Case C-358/98: Commission of the European Communities
                                                                             (Agents: E. Traversa and M. Patakia) v Italian Republic (Agent:
         — an undertaking established in another Member State                Professor U. Leanza, assisted by O. Fiumara) — application for
             must obtain authorisation, for the purpose of which no          a declaration that, by making the provision of cleansing,
             account is taken of the evidence and guarantees already         disinfection, disinfestation, rodent-control and sanitation ser-
             presented by it for the pursuit of its activity in the          vices by operators established in other Member States subject
             Member State of establishment; and                              to registration in the registers referred to in Article 1 of Italian
                                                                             Law No 82 of 25 January 1994, in accordance with Articles 1
                                                                             and 6 of that Law, the Italian Republic has failed to fulfil its
    (b) require every person wishing to exercise a security activity or      obligations under Article 59 of the EC Treaty (now, after
         provide an internal security service in Belgium to be issued        amendment, Article 49 EC) — the Court (Fourth Chamber),
         with an identification card in accordance with that Law,            composed of: D.A.O. Edward (Rapporteur) President of the
                                                                             Chamber, P.J.G. Kapteyn and H. Ragnemalm, Judges; P. Léger,
                                                                             Advocate General; R. Grass, Registrar, has given a judgment
                                                                             on 9 March 2000, in which it:
         the Kingdom of Belgium has failed to fulfil its obli-
         gations under Articles 48, 52 and 59 of the EC Treaty
         (now, after amendment, Articles 39 EC, 43 EC and                    1. Declares that, by making the provision of cleansing, disinfection,
         49 EC);                                                                 disinfestation, rodent-control and sanitation services by operators
                                                                                 established in other Member States subject to registration in the
                                                                                 registers referred to in Article 1 of Italian Law No 82 of
                                                                                 25 January 1994, in accordance with Articles 1 and 6 of that
2. Orders the Kingdom of Belgium to pay the costs.                               Law, the Italian Republic has failed to fulfil its obligations under
                                                                                 Article 59 of the EC Treaty (now, after amendment, Article 49
                                                                                 EC);
                                                                             2. Orders the Italian Republic to pay the costs.
(1) OJ C 358 of 21.11.1998.
                                                                             (1) OJ C 358 of 21.11.1998.