Opinion of the Advocate General — ECLI:EU:C:2015:408
Date: 2015-06-18
Language of the case: French
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary — Judgment of the Court (Second Chamber), 6 October 2015 1. Freedom of movement for persons — Workers — Provisions of the Treaty — Scope ratione personae — National of a Member State relying in that Member State on a diploma obtained in another Member State in order to register for a competition to recruit legal secretaries at the Cour de cassation — Included — Situation not covered by Article 45(4) TFEU (Art. 45 TFEU) 2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Scope of Directive 2005/36 – Definition of regulated profession — Legal secretary at the Court de cassation — Not included (European Parliament and Council Directive 2005/36, Art. 3(1)(a), (b), (c) and (e)) 3. Freedom of movement for persons — Workers — Access to a competition to recruit legal secretaries at a court of a Member State — Access contingent on the possession of certain diplomas required by national law or to the recognition of academic equivalence of a diploma issued by the university of another Member State — Failure to take into consideration all of the diplomas, certificates and other qualifications, and the relevant professional experience — Unlawful (Art. 45 TFEU) 1. Article 45 TFEU must be interpreted as meaning, first, that it applies to a situation in which a national of a Member State, residing and working in that State, holds a diploma obtained in another Member State, which he intends to use in order to register for a competition to recruit legal secretaries at the Cour de cassation of the first Member State, and, second, that such a situation does not fall within Article 45(4) TFEU. (see paras 34, operative part 1) 2. Directive 2005/36 on the recognition of professional qualifications must be interpreted as meaning that the office of legal secretary at the Cour de cassation is not a ‘regulated profession’ within the meaning of that directive. Under Article 3(1)(a) of that directive, the concept of regulated profession covers a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications. It follows from Article 3(1)(b), (c) and (e) thereof that the concept of specific professional qualifications in Article 3(1)(a) thereof does not cover all qualifications attested by evidence of formal qualifications, but only these relating to training which is specifically designed to prepare candidates to exercise a given profession. The formal qualifications required to gain access to the office of legal secretary at the Cour de cassation do not specifically aim to prepare holders for that post, but give access to a wide range of legal careers. Therefore, such formal qualifications do not confer ‘specific professional qualifications’ within the meaning of Article 3(1)(a) of Directive 2005/36 on, the possession of which is required for access to or the pursuit of the office of legal secretary at the Cour de cassation. Therefore, that post does not constitute a ‘regulated profession’ within the meaning of Directive 2005/36. (see paras 37-40, 42, 45, operative part 2) 3. Article 45 TFEU must be interpreted as precluding the selection board for a competition for recruitment of legal secretaries at a court of a Member State, where it examines an application to participate in that competition submitted by a national of that Member State, from making that participation contingent on the possession of diplomas required by the legislation of that Member State or the recognition of academic equivalence of a master’s degree awarded by the university of another Member State, without taking into consideration all of the diplomas, certificates and other qualifications, and the relevant professional experience of the person concerned, by comparing the professional qualifications attested by those qualifications with those required by that legislation. (see para. 67, operative part 3)