# C_2015389EN.01000801.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/8 |
| --- | --- | --- | --- |

23.11.2015

EN

Official Journal of the European Union

C 389/8

---

Judgment of the Court (Second Chamber) of 6 October 2015 (request for a preliminary ruling from the Conseil d’État — Belgium) — Alain Laurent Brouillard v Jury du concours de recrutement de référendaires près la Cour de cassation, Belgian State

(Case C-298/14) (1)

1

((Reference for a preliminary ruling - Freedom of movement of persons - Articles 45 TFEU and 49 TFEU - Workers - Employment in the public service - Directive 2005/36/EC - Recognition of professional qualifications - Definition of ‘regulated profession’ - Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium)))

(2015/C 389/09)

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicant: Alain Laurent Brouillard

Applicant:

Defendant: Jury du concours de recrutement de référendaires près la Cour de cassation, Belgian State

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 45 TFEU must be interpreted as meaning, first, that it applies to a situation, such as that at issue in the main proceedings, in which a national of a Member State, residing and working in that State, holds a diploma obtained in another Member State, which he intends to use in order to register for a competition to recruit legal secretaries at the Cour de cassation of the first Member State, and, second, that such a situation does not fall within Article 45(4) TFEU. |
| --- | --- |

1.

Article 45 TFEU must be interpreted as meaning, first, that it applies to a situation, such as that at issue in the main proceedings, in which a national of a Member State, residing and working in that State, holds a diploma obtained in another Member State, which he intends to use in order to register for a competition to recruit legal secretaries at the Cour de cassation of the first Member State, and, second, that such a situation does not fall within Article 45(4) TFEU.

| 2. | Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications must be interpreted as meaning that the office of legal secretary at the Cour de cassation is not a ‘regulated profession’ within the meaning of that directive. |
| --- | --- |

2.

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications must be interpreted as meaning that the office of legal secretary at the Cour de cassation is not a ‘regulated profession’ within the meaning of that directive.

| 3. | Article 45 TFEU must be interpreted as meaning that it precludes, in circumstances such as those at issue in the main proceedings, the selection board for a competition for recruitment of legal secretaries at a court of a Member State, where it examines an application to participate in that competition submitted by a national of that Member State, from making that participation contingent on the possession of diplomas required by the legislation of that Member State or the recognition of academic equivalence of a master’s degree awarded by the university of another Member State, without taking into consideration all of the diplomas, certificates and other qualifications, and the relevant professional experience of the person concerned, by comparing the professional qualifications attested by those qualifications with those required by that legislation. |
| --- | --- |

3.

Article 45 TFEU must be interpreted as meaning that it precludes, in circumstances such as those at issue in the main proceedings, the selection board for a competition for recruitment of legal secretaries at a court of a Member State, where it examines an application to participate in that competition submitted by a national of that Member State, from making that participation contingent on the possession of diplomas required by the legislation of that Member State or the recognition of academic equivalence of a master’s degree awarded by the university of another Member State, without taking into consideration all of the diplomas, certificates and other qualifications, and the relevant professional experience of the person concerned, by comparing the professional qualifications attested by those qualifications with those required by that legislation.

---

(1)  OJ C 303, 8.9.2014.

1

---