In a case brought by the European Commission against Italy (Case C-337/05), Advocate General Mazák gave an Opinion confirming that the public security exemption can only be relied on where it is necessary for the protection of the essential interests of the security of a Member State and where there is a genuine and sufficiently serious threat to a fundamental interest of society. The Italian case concerned the procurement of helicopters capable of use for military and civil purposes. As the products were dual-purpose and not specifically for military use, the Advocate General considered that the strict criteria for application of the exemption had not been met.