# C_2017063EN.01001601.xml

| 27.2.2017 | EN | Official Journal of the European Union | C 63/16 |
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27.2.2017

EN

Official Journal of the European Union

C 63/16

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Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 28 November 2016 — Presidenza del Consiglio dei Ministri v Giovanna Castellano and Others

(Case C-617/16)

(2017/C 063/23)

Language of the case: Italian

Referring court

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Parties to the main proceedings

Appellant: Presidenza del Consiglio dei Ministri

Appellant:

Respondents and cross-appellants: Giovanna Castellano, Maria Concetta Pandolfo, Antonio Marletta, Vito Mannino, Olga Gagliardo, Emilio Nardi, Maria Catania, Massimo Gallucci, Giovanna Pischedda, Giambattista Gagliardo

Respondents and cross-appellants:

Questions referred

Questions referred

| 1. | Is Directive 82/76, (1) which amended Directives 75/362 (2) and 75/363, (3) to be interpreted as including within its scope full-time and part-time courses for trainee medical specialists which had already begun by 31 December 1982 and continued after that date, that being the date by which the Member States were to have adopted the necessary measures to comply with the directive, in accordance with Article 16 thereof?
  If Question 1 is answered in the affirmative, |
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1.

Is Directive 82/76, (1) which amended Directives 75/362 (2) and 75/363, (3) to be interpreted as including within its scope full-time and part-time courses for trainee medical specialists which had already begun by 31 December 1982 and continued after that date, that being the date by which the Member States were to have adopted the necessary measures to comply with the directive, in accordance with Article 16 thereof?

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If Question 1 is answered in the affirmative,

| 2. | Is the annex appended to the ‘coordination’ directive (Directive 75/363) by Article 13 of Directive 82/76, which amended Directives 75/362 and 75/363, to be interpreted as meaning that, with respect to specialist training courses which had already begun by 31 December 1982, the obligation to provide trainee specialists with adequate remuneration is dependent on fulfilment of the obligation to reorganise courses or on compliance with the requirements of the abovementioned directives? |
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2.

Is the annex appended to the ‘coordination’ directive (Directive 75/363) by Article 13 of Directive 82/76, which amended Directives 75/362 and 75/363, to be interpreted as meaning that, with respect to specialist training courses which had already begun by 31 December 1982, the obligation to provide trainee specialists with adequate remuneration is dependent on fulfilment of the obligation to reorganise courses or on compliance with the requirements of the abovementioned directives?

| 3. | With respect to specialist doctors who pursued specialist training courses which began before 1 January 1983 but had not ended by that date, was there any obligation to pay them adequate remuneration for the entire duration of the course or for the period after 31 December 1982 alone and, if so, to what conditions, if any, was that obligation subject? |
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3.

With respect to specialist doctors who pursued specialist training courses which began before 1 January 1983 but had not ended by that date, was there any obligation to pay them adequate remuneration for the entire duration of the course or for the period after 31 December 1982 alone and, if so, to what conditions, if any, was that obligation subject?

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(1)  Council Directive 82/76/EEC of 26 January 1982 amending Directive 75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate effective exercise of the right of establishment and freedom to provide services and Directive 75/363/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors (OJ 1982 L 43, p. 21).

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(2)  Council Directive 75/362/EEC of 16 June 1975 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ 1975 L 167, p. 1).

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(3)  Council Directive 75/363/EEC of 16 June 1975 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors (OJ 1975 L 167, p. 14).

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