Signalson and Securitel publicly claimed that a competitor, CIA Security, had acted contrary to a Belgian law of 1990, which required security firms to get government authority to operate, and a decree in 1991 that alarm systems be authorised.

Directive 83/189 said all ‘technical regulations’ had to be notified to the Commission, and some provisions would not come in force for specified periods.

CIA Security sought an order to prevent Signalson and Securitel making statements that it did not comply with the law.

CIA argued that because the 1990 law and 1991 decree was not notified, it did not apply.

It followed that CIA Security was capable of invoking EU law to assert that Signalson and Securitel should not allege it was in breach of the Belgian decree of 1991.