Judgment — ECLI:EU:C:2008:536
Date: 2008-10-02
Language of the case: Greek
Court formation: Sixth 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: Action for failure to fulfil obligations - successful
Origin: Greece

Judgment of the Court (Sixth Chamber) of 2 October 2008 – Commission v Greece (Case C‑36/08) Failure of a Member State to fulfil obligations – Directive 93/16/EEC – Specific training required to practise as a general practitioner – Incorrect transposition 1. Actions for failure to fulfil obligations – Subject-matter of the dispute – Request seeking to have a Member State ordered to take specific measures (Art. 226 EC) (see paras 8-10) 2. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Doctors – Directive 93/16 (Council Directive 93/16, Arts 30, 31 and 36) (see operative part) Re: Failure of a Member State to fulfil obligations – Infringement of Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ 1993 L 165, p. 1) – Specific training required to practise as a general practitioner. Operative part The Court: 1. Declares that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/2003 which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive. 2. Dismisses the action as to the remainder. 3. Orders the Hellenic Republic to pay the costs.