CELEX: C2001/200/38
Language: en
Date: 2001-07-14 00:00:00
Title: 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)

C 200/22                 EN                      Official Journal of the European Communities                                          14.7.2001
1.    Dismisses the appeals;                                                the Italian Republic has failed to fulfil its obligations under
                                                                            Articles 48, 52 and 59 of the EC Treaty (now, after amendment,
2.    Orders D and the Kingdom of Sweden jointly and severally to           Articles 39 EC, 43 EC and 49 EC) — the Court (Fifth Chamber),
      pay the costs;                                                        composed of: A. La Pergola, President of the Chamber, P. Jann
                                                                            (Rapporteur), L. Sevón, S. von Bahr and C.W.A. Timmermans,
3.    Orders the Kingdom of Denmark and the Kingdom of the                  Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau,
      Netherlands to bear their own costs.                                  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);
                 JUDGMENT OF THE COURT
                                                                            2.    Orders the Italian Republic to pay the costs.
                           (Fifth Chamber)
                                                                            (1) OJ C 281 of 2.10.1999.
                           of 31 May 2001
in Case C-283/99: Commission of the European Communi-
                      ties v Italian Republic (1)
                                                                                             JUDGMENT OF THE COURT
(Failure of a Member State to fulfil obligations — Free                                               (Fifth Chamber)
movement of workers — Freedom of establishment —
Freedom to provide services — Private security activities —                                            of 7 June 2001
Private security firms and private sworn security guards —
                       Nationality conditions)
                                                                            in Case C-479/99 (reference for a preliminary ruling from
                                                                            the Finanzgericht Düsseldorf): CBA Computer Handels-
                           (2001/C 200/38)                                  und Beteiligungs GmbH, formerly VOBIS Microcomputer
                                                                                             AG v Hauptzollamt Aachen (1)
                                                                            (Common Customs Tariff — Tariff headings — Tariff
                     (Language of the case: Italian)                        classification of computer ‘sound cards’ — Classification in
                                                                            the Combined Nomenclature — Validity of Regulations (EC)
                                                                                               Nos 1153/97 and 2086/97)
(Provisional translation; the definitive translation will be published
                                                                                                      (2001/C 200/39)
                    in the European Court Reports)
In Case C-283/99: Commission of the European Communities                                       (Language of the case: German)
(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              (Provisional translation; the definitive translation will be published
F. Quadri) — application for a declaration that, by providing                                  in the European Court Reports)
that:
                                                                            In Case C-479/99: reference to the Court under Article
—     private security work (including surveillance or caretaking           234 EC from the Finanzgericht Düsseldorf (Germany) for a
      of movable property and buildings) may be carried out in              preliminary ruling in the proceedings pending before that
      Italy, subject to licence, only by ‘private security firms’           court between CBA Computer Handels- und Beteiligungs
      holding Italian nationality;                                          GmbH, formerly VOBIS Microcomputer AG and Hauptzollamt
                                                                            Aachen — on the interpretation of headings 8471, 8473 and
—     only Italian nationals possessing such a licence may be               8543 of the Combined Nomenclature of the Common Cus-
      employed as ‘sworn private security guards’,                          toms Tariff, set out in Annex I to Council Regulation (EEC)