Judgment — ECLI:EU:C:2008:402
Date: 2008-07-10
Language of the case: Portuguese
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: General;The various activities
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Judgment of the Court (Sixth Chamber) of 10 July 2008 – Commission v Portugal (Case C‑307/07) Failure of a Member State to fulfil obligations – Directive 89/48/EEC – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Failure to recognise diplomas which give access to the profession of pharmacist specialising in medical biology – Failure to transpose 1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 20) 2. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Scope of Directive 89/48 (Council Directive 89/48) (see paras 18, 22, operative part) Re: Failure of a Member State to fulfil obligations – Failure to transpose 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 (OJ 1989 L 19, p. 16) in relation to the profession of pharmacist specialising in medical biology. Operative part The Court: 1. Declares that, by failing to adopt the measures necessary to transpose 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 2002/19/EC of the European Parliament and the Council of 14 May 2001, in relation to the profession of pharmacist specialising in medical biology, the Portuguese Republic has failed to fulfil its obligations under that directive; 2. Orders the Portuguese Republic to pay the costs.