Order — ECLI:EU:C:2002:634
Date: 2002-11-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Principles, objectives and tasks of the Treaties;Freedom to provide services;Free movement of workers;Anti-discrimination;Non-discrimination on grounds of nationality
Concepts: The various activities
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Order 
Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Practitioners of dentistry — Recognition of diplomas and evidence of 
I - 10007 
SUMMARY — CASE C-204/01 
qualifications — Directive 78/686 — Transitional measures concerning Austria — 
Recognition of a diploma in medicine combined with a diploma certifying a specialisation 
in the field of dentistry — Scope — Entitlement of a person whose diploma in medicine 
was not obtained in Austria to be admitted to such a training course in dentistry — No 
such entitlement 
(Council Directive 78/686, Art. 19b) 
Article 19b of Directive 78/686 concerning 
the mutual recognition of diplomas, certifi­
cates and other evidence of the formal 
qualifications of practitioners of dentistry, 
including measures to facilitate the effective 
exercise of the right of establishment and 
freedom to provide services, as amended by 
the Act concerning the conditions of acces­
sion of the Republic of Austria, the Repub­
lic of Finland and the Kingdom of Sweden 
and the adjustments to the Treaties on 
which the European Union is founded, 
permits, in the context of the special 
transitional regime established for Austria 
on accession to the European Union, the 
recognition of a diploma in basic medicine 
combined with a diploma certifying a 
specialisation in the field of dentistry, for 
the purpose of practising as a dental 
practitioner in the other Member States. 
That provision must be interpreted as 
meaning that a person whose degree in 
general medicine was not conferred by an 
Austrian university cannot be admitted to a 
training course in dentistry offered in that 
Member State. Such courses were to cease 
to exist and were to continue to be avail­
able only to enable persons who had 
already begun such training to complete it. 
(see paras 34-35, 41, operative part) 
I - 10008