# C_2008313EN.01000301.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/3 |
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Judgment of the Court (Second Chamber) of 23 October 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-286/06)( 1 )

(Failure of a Member State to fulfil obligations - Directive 89/48/EEC - Workers - Recognition of diplomas - Engineer)

(2008/C 313/03)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Re:

Failure by a Member State to fulfil obligations — Breach of Article 3 of Council Directive 89/48/EEC of 21 December on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) — Professional qualification of engineer obtained in Italy not recognised in Spain

Operative part of the judgment

| 1. | The Kingdom of Spain,
—
by refusing to recognise the professional qualifications of engineer obtained in Italy on the basis of university education and training provided solely in Spain, and —
by making admission to internal exams for promotion in the civil service subject in the case of engineers with professional qualifications obtained in another Member State to academic recognition of those qualifications, has failed to fulfil its obligations under Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher education diplomas awarded on completion of professional education and training of at least three years' duration, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, and in particular Article 3 thereof. | — | by refusing to recognise the professional qualifications of engineer obtained in Italy on the basis of university education and training provided solely in Spain, and | — | by making admission to internal exams for promotion in the civil service subject in the case of engineers with professional qualifications obtained in another Member State to academic recognition of those qualifications, |
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| — | by refusing to recognise the professional qualifications of engineer obtained in Italy on the basis of university education and training provided solely in Spain, and | | | | |
| — | by making admission to internal exams for promotion in the civil service subject in the case of engineers with professional qualifications obtained in another Member State to academic recognition of those qualifications, | | | | |

| 2. | The Kingdom of Spain is ordered to pay the costs. |
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( 1 )  OJ C 212, 2.9.2006.

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