Case C‑509/12

Instituto Portuário e dos Transportes Marítimos (IPTM)

v

Navileme — Consultadoria Náutica Lda

and

Nautizende — Consultadoria Náutica Lda

(Request for a preliminary ruling from the Tribunal Central Administrativo Norte)

‛Reference for a preliminary ruling — Article 52 and Article 56 TFEU — Freedom to provide services — Grant of a recreational boating licence — Condition of residency in the issuing country — Restriction for non-residents — Maintaining maritime safety — Public policy’

Summary — Judgment of the Court (Third Chamber), 6 February 2014

1. Freedom to provide services — Provisions of the Treaty — Scope — Recipients of services

   (Art. 56 TFEU)

2. Freedom to provide services — Restrictions — National legislation limiting the issue of a recreational boating licence to residents of the issuing Member State — Unlawful — Justification — Conditions — Protection of public order — Objective of ensuring safety of navigation at sea — No justification

   (Arts 52 TFEU, 56 TFEU and 62 TFEU)

1.  See the text of the decision.

   (see paras 10, 11)

2.  Article 52 and Article 56 TFEU must be interpreted as precluding legislation of a Member State which imposes a condition of residence within the national territory for European Union citizens seeking to obtain a recreational boating licence in that Member State.

   Such national legislation, which, first, discourages European Union nationals not resident in that Member State from travelling to that Member State for nautical training for the purpose of obtaining a boating licence issued by that Member State and, second, makes the services offered by nautical training schools less attractive to students not resident there because they cannot sit the examination for the award of a boating licence in that Member State or be issued such a licence, constitutes a restriction of the freedom to provide services within the meaning of Article 56(1) TFEU.

   The objective of security and public policy constitutes a legitimate objective that could, in principle, warrant a restriction of the freedom to provide services. However, it is also necessary that application of that measure is such as to ensure achievement of the objective in question and that it does not go beyond what is necessary for that purpose. The condition of residency cannot be justified by that objective. Recourse to that justification presupposes the existence of a genuine and sufficiently serious threat affecting a fundamental interest of society.

   Furthermore, the condition of residence which bears no relation to the training followed or the ability to sail, is not in itself appropriate for attaining the objective in question, that is, to ensure safety of navigation at sea. The objective of ensuring a better level of maritime safety may be satisfied by means less restrictive of the freedom to provide services such as, inter alia, by setting the requirements of the examination for the award of boating licences at a high level.

   (see paras 17, 18, 20, 21, 23, 24, operative part)

Case C‑509/12

Instituto Portuário e dos Transportes Marítimos (IPTM)

v

Navileme — Consultadoria Náutica Lda

and

Nautizende — Consultadoria Náutica Lda

(Request for a preliminary ruling from the Tribunal Central Administrativo Norte)

‛Reference for a preliminary ruling — Article 52 and Article 56 TFEU — Freedom to provide services — Grant of a recreational boating licence — Condition of residency in the issuing country — Restriction for non-residents — Maintaining maritime safety — Public policy’

Summary — Judgment of the Court (Third Chamber), 6 February 2014

1. Freedom to provide services — Provisions of the Treaty — Scope — Recipients of services

   (Art. 56 TFEU)

2. Freedom to provide services — Restrictions — National legislation limiting the issue of a recreational boating licence to residents of the issuing Member State — Unlawful — Justification — Conditions — Protection of public order — Objective of ensuring safety of navigation at sea — No justification

   (Arts 52 TFEU, 56 TFEU and 62 TFEU)

1.  See the text of the decision.

   (see paras 10, 11)

2.  Article 52 and Article 56 TFEU must be interpreted as precluding legislation of a Member State which imposes a condition of residence within the national territory for European Union citizens seeking to obtain a recreational boating licence in that Member State.

   Such national legislation, which, first, discourages European Union nationals not resident in that Member State from travelling to that Member State for nautical training for the purpose of obtaining a boating licence issued by that Member State and, second, makes the services offered by nautical training schools less attractive to students not resident there because they cannot sit the examination for the award of a boating licence in that Member State or be issued such a licence, constitutes a restriction of the freedom to provide services within the meaning of Article 56(1) TFEU.

   The objective of security and public policy constitutes a legitimate objective that could, in principle, warrant a restriction of the freedom to provide services. However, it is also necessary that application of that measure is such as to ensure achievement of the objective in question and that it does not go beyond what is necessary for that purpose. The condition of residency cannot be justified by that objective. Recourse to that justification presupposes the existence of a genuine and sufficiently serious threat affecting a fundamental interest of society.

   Furthermore, the condition of residence which bears no relation to the training followed or the ability to sail, is not in itself appropriate for attaining the objective in question, that is, to ensure safety of navigation at sea. The objective of ensuring a better level of maritime safety may be satisfied by means less restrictive of the freedom to provide services such as, inter alia, by setting the requirements of the examination for the award of boating licences at a high level.

   (see paras 17, 18, 20, 21, 23, 24, operative part)