Opinion of the Advocate General — ECLI:EU:C:2000:17
Date: 2000-01-13
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Luxembourg

Summary of the Judgment 
1. Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Doctors — Recognition of diplomas and evidence of formal qualifica­
tions — Directive 93/16 — Diploma in specialised medicine obtained in a Member 
State other than the host Member State — Right to use the corresponding professional 
title in the host State — Condition — Inclusion of the diploma on the list of specialist 
training courses in Article 7 of the directive 
(Council Directive 93/16, Arts 7 and 19) 
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SUMMARY — CASE C-16/99 
2. Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Doctors — Recognition of diplomas and evidence of formal qualifica­
tions — Directive 93/16 — Right to use in the host Member State the academic title in 
the language of the Member State of origin or from which the person concerned 
comes — Right of the host Member State to authorise the use of the title in another 
language 
(Council Directive 93/16, Art. 10) 
1. A doctor who holds a diploma in 
specialised medicine obtained in 
another Member State which does not 
appear on the list of specialist training 
courses in Article 7 of Directive 93/16 
to facilitate the free movement of 
doctors and the mutual recognition of 
their diplomas, certificates and other 
evidence of formal qualifications may 
not rely on Article 19 of that directive 
to use the corresponding professional 
title of specialist in the host State. 
While the right to use the title of doctor 
or specialist doctor in the host Member 
State, in the language of that State and 
in accordance with its nomenclature, is 
a necessary corollary of the mutual 
recognition of diplomas, certificates 
and other evidence of formal qualifica­
tions established by the directive, that 
applies only if the title of doctor or 
specialist doctor satisfies the minimum 
conditions required for this automatic 
and compulsory mutual recognition. 
(see paras 25 to 27 and operative part 1) 
2. The first sentence of Article 10(1) of 
Directive 93/16 to facilitate the free 
movement of doctors and the mutual 
recognition of their diplomas, certifi­
cates and other evidence of formal 
qualifications must be interpreted as 
concerning only the right of benefici­
aries of the system of mutual recogni­
tion of diplomas established by the 
directive to use their academic title, 
and if appropriate its abbreviation, in 
the language of the Member State of 
origin or Member State from which 
they come, but without affecting the 
right of the host Member State to 
authorise the use in its territory of the 
academic title or an equivalent title in a 
language other than that of the Mem­
ber State of origin or Member State 
from which the person concerned 
comes. 
(see para 33 and operative part 2) 
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