For the Cour of Justice, Spain has failed to fulfil its obligations (regarding art. 43 of the Treaty which guarantees freedom of establishment, and art. 49 which relates to freedom to provide services) by maintaining provisions on private security services which impose a series of requirements on foreign private security companies for the pursuit of their activities in Spain. (Ref. 0682)
The Court was asked to check if it was legal to ask companies from other Member States (in order to be allowed to provide security services in Spain) to 1° always be constituted as legal persons; 2° have a specific share capital, without taking into account the fact that those companies are not subject to the same obligations in the country of establishment ; 3° lodge security at the Caja General de Depósitos, without taking into account any payment of security in the Member State of origin ;
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