LAW 190 OF 13 DECEMBER 2023 ON TOURIST GUIDES infringement procedure with a reasoned opinion26. According to the Commission, the abundance of sites hindered the movement of professions disproportionately to the objective to be protected, violating Article 49 of the EC Treaty. To resolve the infringement procedure, the Italian State enacted Legislative Decree No. 7/2007 (converted into Law No. 40/2007), known as Bersani bis. This decree aimed at liberalizing the sector, prescribing that individuals authorized in another Member State could operate in the Italian territory without the need for additional authorizations or qualifications. However, the same decree simultaneously preserved the "prior verification of linguistic knowledge and knowledge of the territory". These provisions generated several problems: on one hand, it proved quite challenging for the Regions to devise systems for verifying linguistic knowledge and territorial understanding that did not result in excessively restrictive measures; on the other hand, as Italian guides still retained the previous territorial-based authorization, a kind of "reverse discrimination" emerged, to the detriment of Italian operators27 . Once again, the European Commission raised concerns with the EU Pilot case 4277/12/Mark, alleging a breach of the provisions outlined in the Services Directive, 2006/123/EC, specifically Article 10, paragraph 4. This was because Italian national legislation stipulated that the authorization for the practice of the profession of tour guide was valid only at a regional or provincial level. To prevent the initiation of a new infringement procedure, the Commission requested that internal tour guides be allowed to operate throughout the national territory, ensuring they are not subject to unequal treatment compared to professionals from other Member States. Thus with art.3 paragraph 1 of the European law of 2013, L 97/201328, Provisions relating to the freedom to provide and stable exercise of the tourist guide activity 26 The sites identified in 1995 were around 2,540, many of which corresponded to those declared UNESCO World Heritage Sites, and, above all, included entire urban areas, thus encompassing an equally high number of truly specific sites. 27 Words are from L. Righi, Tourism professions (Le professioni turistiche), cit., 248-249. Refer extensively to the Author. 28 Law No. 97 of August 6, 2013: Provisions for fulfilling obligations arising from Italy's membership in the European Union - (European Law 2013). Art. 3 : Provisions regarding the free provision and stable exercise of the tourist guide activity by citizens of the European Union - EU Pilot Case 4277/12/Mark. 1. Authorization for the profession of tourist guide is valid throughout the national territory. For the stable exercise of the tourist guide activity in Italy, the recognition, under Legislative Decree No. 206 of November 9, 2007, of the professional qualification obtained by a citizen of the European Union in another Member State is effective throughout the national territory. 2. Without prejudice to what is provided for by Legislative Decree No. 206 of November 9, 2007, European Union citizens authorized to carry out the tourist guide
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