Judgment_paragraph 47 · Commission of the European Communities v Kingdom of Spain (C-114/97)

47Contrary to what the Spanish Government contends, it cannot be argued that this threat would arise from the impossibility for the Spanish authorities, if the rule in question did not exist, to monitor effectively the activities carried on by private security undertakings. Checks may be carried out and penalties may be imposed on any undertaking established in a Member State, whatever the place of residence of its directors. Moreover, the payment of any penalty may be secured by means of a guarantee to be provided in advance (see, to this effect, Case C-350/96 Clean Car Auto Service [1998] ECR I-2521, paragraph 36).

Commission of the European Communities v Kingdom of Spain (C-114/97)

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