# C_2008260EN.01000901.xml

| 11.10.2008 | EN | Official Journal of the European Union | C 260/9 |
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11.10.2008

EN

Official Journal of the European Union

C 260/9

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Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 28 July 2008 — Krzysztof Pesla v Justizministerium Mecklenburg-Vorpommern

(Case C-345/08)

(2008/C 260/15)

Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings

Applicant: Krzysztof Pesla

Applicant:

Defendant: Justizministerium Mecklenburg-Vorpommern

Defendant:

Questions referred

| 1. | Is it compatible with Article 39 EC that a finding of equivalence under Paragraph 112a(1) and (2) of the Deutsches Richtergesetz (German Law on Judges) is made only if can be established on the basis of the documentary evidence submitted that the EU citizen has the knowledge and skills as tested in the (German legal) examination of mandatory subjects provided for in Paragraph 5(1) of the Deutsches Richtergesetz? |
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1.

Is it compatible with Article 39 EC that a finding of equivalence under Paragraph 112a(1) and (2) of the Deutsches Richtergesetz (German Law on Judges) is made only if can be established on the basis of the documentary evidence submitted that the EU citizen has the knowledge and skills as tested in the (German legal) examination of mandatory subjects provided for in Paragraph 5(1) of the Deutsches Richtergesetz?

| 2. | If question 1 is to be answered in the negative: Does Article 39 EC require that the only criterion for an assessment of equivalence which is consistent with European law is whether the university diploma obtained by the EU citizen in the EU together with the additional evidence submitted by him of educational performance and experience is comparable from the point of view of the (intellectual) level of education and the extent of that education to the first German State examination in law? |
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2.

If question 1 is to be answered in the negative: Does Article 39 EC require that the only criterion for an assessment of equivalence which is consistent with European law is whether the university diploma obtained by the EU citizen in the EU together with the additional evidence submitted by him of educational performance and experience is comparable from the point of view of the (intellectual) level of education and the extent of that education to the first German State examination in law?

| 3. | If question 2 is also to be answered in the negative: Is it compatible with Article 39 EC, if the finding of equivalence under Paragraph 112a(1) and (2) of the Deutsches Richtergesetz still takes the material examined in the mandatory subjects of the first (German legal) State examination as its reference point, but in the light of the legal education successfully completed elsewhere in the Community only somewhat ‘lowered’ requirements are imposed? |
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3.

If question 2 is also to be answered in the negative: Is it compatible with Article 39 EC, if the finding of equivalence under Paragraph 112a(1) and (2) of the Deutsches Richtergesetz still takes the material examined in the mandatory subjects of the first (German legal) State examination as its reference point, but in the light of the legal education successfully completed elsewhere in the Community only somewhat ‘lowered’ requirements are imposed?

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