# C_2012151EN.01001702.xml

| 26.5.2012 | EN | Official Journal of the European Union | C 151/17 |
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26.5.2012

EN

Official Journal of the European Union

C 151/17

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Reference for a preliminary ruling from the Consiglio di Stato (Italy), lodged on 29 February 2012 — Ministero per i beni e le attività culturali and Others v Ordine degli Ingegneri di Verona e Provincia and Others

(Case C-111/12)

2012/C 151/30

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Appellants: Ministero per i beni e le attività culturali, Ordini degli Ingegneri delle Province di Venezia, di Padova, di Treviso, di Vicenza, di Verona e Provincia, di Rovigo e di Belluno

Appellants:

Respondents: Ordine degli Ingegneri di Verona e Provincia, Consiglio Nazionale degli Ingegneri, Consiglio Nazionale degli Architetti, Pianificatori, Paesaggisti e Conservatori, Alessandro Mosconi, Comune di S. Martino Buon Albergo, Ordine degli Architetti, Pianificatori, Paesaggisti e Conservatori della Provincia di Verona, Istituzione di Ricovero e di Educazione di Venezia (IRE), Ordine degli Architetti di Venezia

Respondents:

Questions referred

Questions referred

| 1. | Do Articles 10 and 11 of Council Directive 85/384/EEC, (1) which for a transitional period allow nationals of other Member States holding qualifications specifically mentioned to practise in the architectural sector, preclude Italy from lawfully operating an administrative practice having as its legal basis Article 52, second indent, first part, of Royal Decree No 2537 of 1925, which specifically reserves certain operations relating to buildings of artistic interest exclusively to persons holding the qualification of ‘architect’ or to persons who demonstrate that they have completed courses in the heritage sector specific to cultural assets and ancillary assets in addition to the requirements authorising general access to the provision of architectural services within the terms of Directive 85/384/EEC? |
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1.

Do Articles 10 and 11 of Council Directive 85/384/EEC, (1) which for a transitional period allow nationals of other Member States holding qualifications specifically mentioned to practise in the architectural sector, preclude Italy from lawfully operating an administrative practice having as its legal basis Article 52, second indent, first part, of Royal Decree No 2537 of 1925, which specifically reserves certain operations relating to buildings of artistic interest exclusively to persons holding the qualification of ‘architect’ or to persons who demonstrate that they have completed courses in the heritage sector specific to cultural assets and ancillary assets in addition to the requirements authorising general access to the provision of architectural services within the terms of Directive 85/384/EEC?

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| 2. | In particular, may that administrative practice consist in subjecting professionals from Member States other than Italy, even where they possess qualifications which in general make them suitable for practising as architects, to a specific examination of professional suitability, that is to say, to the authorisation to practise as an architect, which applies also to Italian professionals in the examination to establish their suitability to practise as architects, for the sole purposes of obtaining access to the professional activities referred to in Article 52, second indent, first part, of Royal Decree No [2537] of 1925? |
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2.

In particular, may that administrative practice consist in subjecting professionals from Member States other than Italy, even where they possess qualifications which in general make them suitable for practising as architects, to a specific examination of professional suitability, that is to say, to the authorisation to practise as an architect, which applies also to Italian professionals in the examination to establish their suitability to practise as architects, for the sole purposes of obtaining access to the professional activities referred to in Article 52, second indent, first part, of Royal Decree No [2537] of 1925?

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(1)  OJ 1985 L 223, p. 15.

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