# C_2014303EN.01002301.xml

| 8.9.2014 | EN | Official Journal of the European Union | C 303/23 |
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8.9.2014

EN

Official Journal of the European Union

C 303/23

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Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 16 June 2014 — Alain Brouillard v Selection board for the competition to recruit legal secretaries at the Cour de cassation, Belgian State

(Case C-298/14)

2014/C 303/30

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicant: Alain Brouillard

Applicant:

Defendants: Selection board for the competition to recruit legal secretaries at the Cour de cassation, Belgian State

Defendants:

Questions referred

Questions referred

| 1) | Are Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 on the recognition of professional qualifications to be interpreted as applying in a situation where a Belgian national, who resides in Belgium and who has not pursued a professional activity (1) in another Member State, relies in support of his application to participate in a competition to recruit legal secretaries at the Belgian Cour de cassation on a degree awarded by a French university, namely a vocational master’s degree in law, economics and management, private law, lawyer-linguist specialism, awarded on 22 November 2010 by the University of Poitiers in France? |
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1)

Are Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 on the recognition of professional qualifications to be interpreted as applying in a situation where a Belgian national, who resides in Belgium and who has not pursued a professional activity (1) in another Member State, relies in support of his application to participate in a competition to recruit legal secretaries at the Belgian Cour de cassation on a degree awarded by a French university, namely a vocational master’s degree in law, economics and management, private law, lawyer-linguist specialism, awarded on 22 November 2010 by the University of Poitiers in France?

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| 2) | Is the office of legal secretary at the Belgian Cour de cassation, in respect of which Article 259 duodecies of the Judicial Code makes appointment conditional on holding a doctorate or licentiate degree in law, a regulated profession within the meaning of Article 3 of Directive 2005/36 of 7 September 2005? |
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2)

Is the office of legal secretary at the Belgian Cour de cassation, in respect of which Article 259 duodecies of the Judicial Code makes appointment conditional on holding a doctorate or licentiate degree in law, a regulated profession within the meaning of Article 3 of Directive 2005/36 of 7 September 2005?

duodecies

| 3) | Is the office of legal secretary at the Cour de cassation, the duties of which are defined in Article 135 bis of the Judicial Code, employment in the public service within the meaning of Article 45(4) TFEU, and is the application of Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 on the recognition of professional qualifications therefore precluded by Article 45(4) TFEU? |
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3)

Is the office of legal secretary at the Cour de cassation, the duties of which are defined in Article 135 bis of the Judicial Code, employment in the public service within the meaning of Article 45(4) TFEU, and is the application of Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 on the recognition of professional qualifications therefore precluded by Article 45(4) TFEU?

bis

| 4) | If Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 apply in the present case, must they be interpreted as precluding the selection board charged with the recruitment of legal secretaries at the Cour de cassation from making participation in that competition conditional on the holding of a doctorate or licentiate degree in law awarded by a Belgian university, or on recognition by the French Community, which has competence in the field of education, that the master’s degree awarded to the applicant by the University of Poitiers in France is equivalent to the qualification of doctorate, licentiate degree or master’s degree in law awarded by a Belgian university? |
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4)

If Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 apply in the present case, must they be interpreted as precluding the selection board charged with the recruitment of legal secretaries at the Cour de cassation from making participation in that competition conditional on the holding of a doctorate or licentiate degree in law awarded by a Belgian university, or on recognition by the French Community, which has competence in the field of education, that the master’s degree awarded to the applicant by the University of Poitiers in France is equivalent to the qualification of doctorate, licentiate degree or master’s degree in law awarded by a Belgian university?

| 5) | If Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 apply in the present case, must they be interpreted as requiring the selection board charged with the recruitment of legal secretaries at the Cour de cassation to compare the applicant’s qualifications resulting from his degrees as well as from his professional experience with those resulting from a doctorate or licentiate degree in law awarded by a Belgian university and, if necessary, to impose a compensation measure on him under Article 14 of Directive 2005/36? |
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5)

If Articles 45 and 49 TFEU and Directive 2005/36 of 7 September 2005 apply in the present case, must they be interpreted as requiring the selection board charged with the recruitment of legal secretaries at the Cour de cassation to compare the applicant’s qualifications resulting from his degrees as well as from his professional experience with those resulting from a doctorate or licentiate degree in law awarded by a Belgian university and, if necessary, to impose a compensation measure on him under Article 14 of Directive 2005/36?

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(1)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).

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