# CE2004078EN.01032701.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/327 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/327

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(2004/C 78 E/0344)

WRITTEN QUESTION P-3835/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(8 December 2003)

Subject:   Implementation of Directive 89/48/EEC

Subject:

What action does the Commission intend to take in order to ensure that all EU Member States, including Greece, implement Directive 89/48/EEC (1), bearing in mind also the recent judgements of the Court of Justice of the European Communities in cases C-153/02 and C-313/01?

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Answer given by Mr Bolkestein on behalf of the Commission

(15 January 2004)

(15 January 2004)

In the Néri judgment (C-153/02) of 13 November 2003, the Court of Justice ruled that ‘an administrative practice under which degrees awarded by a university of one Member State cannot be recognised in another Member State when the courses of preparation for those degrees were provided in the latter Member State by another educational establishment in accordance with an agreement made between the two establishments, is incompatible with Article 43 EC’.

The issue at stake here is that of so-called ‘franchise agreements’.

The Commission has started several infringement proceedings, one against Italy and two against Greece, in which one of the objections raised is the fact that degrees awarded under franchise agreements are not recognised.

Another infringement proceeding is also under way against Germany for its refusal to authorise the use of university qualifications awarded under franchise agreements.

The Commission will examine how it can best make use of the Néri judgment in each of these procedures.

In the Morgenbesser judgment (C-313/01), also of 13 November 2003, the Court delivered its judgment on the rules which apply to access to the activity of ‘praticante avvocato’ (trainee lawyer), i.e. to the period of practical training which must be carried out before taking the aptitude test to practise as a lawyer in Italy. For admission to this activity, Italian law requires prior academic recognition of legal qualifications obtained in other Member States. The Court ruled that this requirement was incompatible with Community law when this period of practice comprised the pursuit of remunerated activities. The Court stated that in this case the principles to be applied are those arising from its own case-law based on Articles 39 and 43 of the EC Treaty. The national authorities are therefore obliged to compare the applicant's professional knowledge, as certified by his/her qualifications or acquired through professional experience, either in the Member State of origin or in the host Member State, with the professional knowledge certified by the qualifications required by national law. If the comparison reveals that these correspond only partially, the host Member State is entitled to require the person concerned to show that he/she has acquired the knowledge which is lacking.

The Commission will ensure that Italy complies with the Court of Justice case-law. The Commission is, of course, always prepared to examine any information on the existence of comparable situations in other Member States.

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(1)  OJ L 19, 24.1.1989, p. 16.

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