# C_2005229EN.01000602.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/6 |
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Action brought on 4 July 2005 by the Commission of the European Communities against the Hellenic Republic

(Case C-274/05)

(2005/C 229/13)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 4 July 2005 by the Commission of the European Communities, represented by Georgios Zavvos and Hans Støvlbæk, members of its Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

| — | declare that:
—
by failing to recognise the diplomas awarded by the competent authorities of another Member State in the context of studies on a franchise basis, under licence, —
by providing for the imposition of compensatory measures in more cases than those allowed by the directive, —
by entrusting to the Council for the Recognition of Professional Equivalence of Higher-Education Titles examination as to whether ‘the educational establishment in which the applicant received his professional education and training should be classified as higher education’ and whether ‘the applicant has the necessary professional experience, in a case where the duration of the education falls short by at least one year from that required in Greece in order to exercise that profession’, —
by failing to take into account the professional recognition of professional qualifications acquired in another Member State as regards employment in the public sector and registration in the Technical Chamber of Greece, and —
by requiring the production of supporting documents certified by the Greek Consular authorities and translated by the Ministry for Foreign Affairs or by a lawyer for the purposes of registration in the Technical Chamber of Greece, the Hellenic Republic has failed to fulfil its obligations under Articles 1, 3, 4, 7, 8 and 10 of Council Directive 89/48/EEC( 1 ) of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration | — | by failing to recognise the diplomas awarded by the competent authorities of another Member State in the context of studies on a franchise basis, under licence, | — | by providing for the imposition of compensatory measures in more cases than those allowed by the directive, | — | by entrusting to the Council for the Recognition of Professional Equivalence of Higher-Education Titles examination as to whether ‘the educational establishment in which the applicant received his professional education and training should be classified as higher education’ and whether ‘the applicant has the necessary professional experience, in a case where the duration of the education falls short by at least one year from that required in Greece in order to exercise that profession’, | — | by failing to take into account the professional recognition of professional qualifications acquired in another Member State as regards employment in the public sector and registration in the Technical Chamber of Greece, and | — | by requiring the production of supporting documents certified by the Greek Consular authorities and translated by the Ministry for Foreign Affairs or by a lawyer for the purposes of registration in the Technical Chamber of Greece, |
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| — | by failing to recognise the diplomas awarded by the competent authorities of another Member State in the context of studies on a franchise basis, under licence, | | | | | | | | | | |
| — | by providing for the imposition of compensatory measures in more cases than those allowed by the directive, | | | | | | | | | | |
| — | by entrusting to the Council for the Recognition of Professional Equivalence of Higher-Education Titles examination as to whether ‘the educational establishment in which the applicant received his professional education and training should be classified as higher education’ and whether ‘the applicant has the necessary professional experience, in a case where the duration of the education falls short by at least one year from that required in Greece in order to exercise that profession’, | | | | | | | | | | |
| — | by failing to take into account the professional recognition of professional qualifications acquired in another Member State as regards employment in the public sector and registration in the Technical Chamber of Greece, and | | | | | | | | | | |
| — | by requiring the production of supporting documents certified by the Greek Consular authorities and translated by the Ministry for Foreign Affairs or by a lawyer for the purposes of registration in the Technical Chamber of Greece, | | | | | | | | | | |

| — | order the Hellenic Republic to pay the costs. |
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Pleas in law and main arguments

The Commission complains that the Hellenic Republic did not transpose correctly into its national legal system the provisions of Directive 89/48/EEC.

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( 1 )  OJ L 19 of 24.1.1989.

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