Opinion of the Advocate General — ECLI:EU:C:2006:205
Date: 2006-03-23
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: France

Summary of the Judgment 1. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of professional education and training – Scope of Directives 89/48 and 92/51 (Council Directives 89/48, Art. 3(b), first para., and 92/51) 2. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 89/48 (Council Directive 89/48, Art. 4(1), third para.) 1. Directive 92/51 on a second general system for the recognition of professional education and training to supplement Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration, as amended, together with Directive 89/48, by Directive 2001/19, does not apply to an applicant relying on qualifications such as the Batchelor of Arts in Fine Arts Valuation who wishes to pursue the profession of director of voluntary sales of chattels by public auction in a Member State where the pursuit of that profession is reserved to persons holding a diploma within the meaning of Article 89/48. However, Directive 89/48, and in particular point (b) of the first subparagraph of Article 3 thereof, may apply to such an applicant if the profession of director of voluntary sales of chattels by public auction in the Member State in which the applicant acquired the qualifications on which he relies is not a regulated profession within the meaning of Article 1(c) of that directive. It is for the national court to determine, if necessary, whether that is the case. (see para. 49, operative part 1) 2. In order to derogate from the principle that the applicant is entitled to choose between an adaptation period or an aptitude test, the third subparagraph of Article 4(1) of Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration imposes two cumulative conditions for Member States to be able to choose the compensatory measure: first, the profession concerned must be a profession the practice of which requires precise knowledge of national law. Second, the provision of advice and/or assistance concerning national law must be an essential and constant aspect of the professional activity. As regards the first condition, a profession access to which requires a diploma in law awarded on completion of studies of at least two years’ duration is a profession the practice of which, it can be assumed, requires a precise knowledge of national law within the meaning of that provision. As regards the second condition, for that provision to apply, it is not necessary for the activity in question to involve the provision of advice and/or assistance concerning all national law; it is sufficient that it concerns a specialised area and is an essential and constant element of that activity. In that context, reference should be made in particular to normal practice of the relevant profession. (see paras 53, 60, operative part 2)