# C_2023155EN.01000901.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/9 |
| --- | --- | --- | --- |

2.5.2023

EN

Official Journal of the European Union

C 155/9

---

Judgment of the Court (Fourth Chamber) of 2 March 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — A

(Case C-270/21, (1) A (Nursery school teacher))

(Reference for a preliminary ruling - Freedom of movement for workers - Recognition of professional qualifications in a Member State - Directive 2005/36/EC - Right to exercise the profession of nursery school teacher - Regulated profession - Right of access to the profession on the basis of a diploma issued in the home Member State - Professional qualification obtained in a third country)

(2023/C 155/11)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: A

Other party: Opetushallitus

Operative part of the judgment

| 1. | Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013,
  must be interpreted as meaning that a profession in respect of which national legislation imposes qualification requirements for access to and pursuit of the profession, but leaves employers a discretion in assessing whether those requirements are met, is not to be regarded as a ‘regulated profession’ within the meaning of that provision. |
| --- | --- |

1.

Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013,

must be interpreted as meaning that a profession in respect of which national legislation imposes qualification requirements for access to and pursuit of the profession, but leaves employers a discretion in assessing whether those requirements are met, is not to be regarded as a ‘regulated profession’ within the meaning of that provision.

| 2. | Article 3(3) of Directive 2005/36, as amended by Directive 2013/55,
  must be interpreted as meaning that that provision is not applicable where the evidence of formal qualifications presented to the host Member State was obtained on the territory of another Member State at a time when that other Member State existed not as an independent State but as a Soviet Socialist Republic, and where that evidence of formal qualifications was regarded by that Member State as evidence of formal qualifications issued by that Member State after it had regained its independence. Such evidence of formal qualifications must be regarded as having been obtained in a Member State and not in a third country. |
| --- | --- |

2.

Article 3(3) of Directive 2005/36, as amended by Directive 2013/55,

must be interpreted as meaning that that provision is not applicable where the evidence of formal qualifications presented to the host Member State was obtained on the territory of another Member State at a time when that other Member State existed not as an independent State but as a Soviet Socialist Republic, and where that evidence of formal qualifications was regarded by that Member State as evidence of formal qualifications issued by that Member State after it had regained its independence. Such evidence of formal qualifications must be regarded as having been obtained in a Member State and not in a third country.

---

(1)  OJ C 263, 5.7.2021.

---