CJEU C-230/18 / Judgment PI v Landespolizeidirektion Tirol

Key facts of the case:

This request for a preliminary ruling concerns the interpretation of Article 15(2) and Articles 41, 47 and 52 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

The request has been made in proceedings between PI and the Landespolizeidirektion Tirol (State Police Department of Tyrol, Austria; ‘the State Police Department’) concerning the lawfulness of the closure of a commercial establishment managed by PI.

Outcome of the case:

On those grounds, the Court (Sixth Chamber) hereby rules:

Article 49 TFEU, Article 15(2) and Articles 16, 47 and 52 of the Charter of Fundamental Rights of the European Union and the general principle of the right to good administration must be interpreted, in circumstances such as those at issue in the main proceedings, as precluding national legislation providing that an administrative authority may decide to close a commercial establishment with immediate effect, on the ground that it suspects that prostitution is practised in that establishment without the authorisation required under that legislation, in so far as that legislation, first, does not require reasons, in fact and in law, to be given in writing for such a decision and to be communicated to its addressee, and second, requires that any application brought by that addressee and seeking annulment of that decision must be reasoned.