1st World Congress on Wine Tourism and the Law when inserting a person from a different professional background in a production context. 4. Guides in wine tourism. In accordance with article 11 of legge quadro no. 217 of 1983, which has now been repealed, a tourist guide was an individual who, by profession, accompanied people or groups on tours of works of art, museums and art galleries, and illustrated historical, artistic, monumental, landscape and natural attractions. As a result, wine - related initiatives are not covered, if they do not have some connection with artistic or landscape - related aims, whilst the explanation of the characteristics of foods and drinks does not fall under the remit of the guide. Since 1983, the profession has only been open to those whose actual qualification has been ascertained by the relevant examinations. Specific study qualifications or attendance of courses are required. This activity became specialised in nature and called for in - depth knowledge in cultural terms - though not about wine - related aspects - beyond the framework of activities performed by guides. Artistic guides were the only ones to actually benefit from professional protection. There has been no shortage of judgements passed down by the Court of Justice7 according to which Italian regulations pose undue restriction of access to the relevant economic function. A compromise was offered by article 10, paragraph four, of law decree no. 4 of 2007; on the one hand, a regional qualification was confirmed as a necessary condition to work as a guide, whilst, on the other hand, “those that qualify (…) within the framework of the legal system (…) of the European Union country of origin” could work “on the basis of the freedom to provide services, without the need for any authorisation or qualification to do so”8. As a result, a guide from another European Union State could work in Italy without actually having any knowledge of our heritage, whilst Italian citizens were required to obtain local qualification, issued by the regional authorities. This created a “reverse discrimination”9, which altered the market’s dynamics in an unjustifiable way. In any 7 Cf. Court of Justice 26 February 1991, C – n. 180 / 1989, Commission vs. Italy; Court of Justice 26 February 1991, C - n. 198 / 1989, Commission vs. Greece; Court of Justice 26 February 1991, C – n. 154 / 1989, Commission vs. France. 8 See article 10 of law decree n. 4 of 2007. 9 Cf. Righi, Le professioni turistiche, in Aa. Vv., Manuale di diritto del turismo, edited by V. Franceschelli – Morandi, 4th edition, Turin, 2017, 217 ff..
RkJQdWJsaXNoZXIy MTE4NzM5Nw==