# C_2007155EN.01000402.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/4 |
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7.7.2007

EN

Official Journal of the European Union

C 155/4

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Judgment of the Court (Sixth Chamber) of 24 May 2007 — Commission of the European Communities v Republic of Portugal

(Case C-43/06) (1)

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(Failure by a Member State to fulfil its obligations - Directive 85/384/EEC - Architects - Mutual recognition of diplomas, certificates and other evidence of formal qualifications - Requirement to sit an entrance exam for the institute of architects)

(2007/C 155/06)

Language of the Case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and P. Guerra e Andrade,acting as Agents)

Applicant:

Defendant: Republic of Portugal (represented by: L. Fernandes, Agent)

Defendant:

Re:

Failure by a Member State to fulfil its obligations — Infringement of Articles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ 1985 L 223, p. 15) — Requirement to pass an entrance exam for the institute of architects in the host State, in order to carry on the profession of architect, for architects from other Member States who are not enrolled with their respective national institute of architects.

Operative part of the judgment

The Court:

| 1. | Declares that, by requiring holders of professional qualifications in architecture conferred by other Member States to sit an entrance exam for the Portuguese Institute of Architects if they were not enrolled in the institute of architects in another Member State, the Republic of Portugal has failed to fulfil its obligations under Articles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 2001/19/EC of the European Parliament and the Council of 14 May 2001; |
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1.

Declares that, by requiring holders of professional qualifications in architecture conferred by other Member States to sit an entrance exam for the Portuguese Institute of Architects if they were not enrolled in the institute of architects in another Member State, the Republic of Portugal has failed to fulfil its obligations under Articles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 2001/19/EC of the European Parliament and the Council of 14 May 2001;

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

Orders the Republic of Portugal to pay the costs.

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(1)  OJ C 86, 8.4.2006.

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