Judgment — ECLI:EU:C:2009:801
Date: 2009-12-17
Language of the case: Italian
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: General;The various activities
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Workers – Recognition of professional qualifications – Scope of Directive 2005/36 (Arts 39 EC and 43 EC; European Parliament and Council Directive 2005/36, Art. 3(1)(a)) The fact that access to a profession is reserved to candidates who have been successful in a procedure to select a predefined number of persons on the basis of a comparative assessment of the candidates rather than by application of absolute criteria, which confers a qualification the validity of which is strictly limited in time, does not mean that that profession constitutes a regulated profession within the meaning of Article 3(1)(a) of Directive 2005/36 on the recognition of professional qualifications. Nevertheless, in the context of such a selection procedure, Articles 39 EC and 43 EC, which guarantee to the nationals of the Member States access to activities, in a self-employed or employed capacity, without discrimination based on nationality, require qualifications obtained in other Member States to be accorded their proper value and to be duly taken into account. (see paras 34-36, operative part)