# C_2006237EN.01000102.xml

| 30.9.2006 | EN | Official Journal of the European Union | C 237/1 |
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30.9.2006

EN

Official Journal of the European Union

C 237/1

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Judgment of the Court (Fifth Chamber) of 15 June 2006 — Commission of the European Communities v Republic of Austria

(Case C-262/05) (1)

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(Failure of a Member State to fulfil obligations - Directive 2001/19/EC - Mutual recognition of diplomas, certificates and other qualifications - Nurse, dentist, veterinary surgeon, midwife, architect, pharmacist and doctor - Failure to transpose within the period prescribed)

(2006/C 237/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: A. Manville and H. Støvlbæk, Agents)

Applicant:

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to transpose, within the prescribed period, Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ 2001 L 206, p. 1)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, the Republic of Austria has failed to fulfil its obligations under that directive; |
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1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, the Republic of Austria has failed to fulfil its obligations under that directive;

| 2. | Orders the Republic of Austria to pay the costs. |
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2.

Orders the Republic of Austria to pay the costs.

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(1)  OJ C 205, 20.08.2005.

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