Opinion of the Advocate General — ECLI:EU:C:2001:285
Date: 2001-05-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Procedure: Reference for a preliminary ruling
Origin: Belgium

SUMMARY — CASE C-31/00 
Summary of the Judgment 
Freedom of movement for persons — Freedom of establishment — Restrictions resulting 
from the rules in the Member State of establishment relating to the pursuit of certain 
activities — Existence of a directive on the mutual recognition of diplomas in the sector 
concerned — Application not resulting in the automatic recognition of the applicant's 
qualifications — Member State required to determine whether the diplomas and 
qualifications obtained by the applicant correspond to those required under national law 
(Arts 43 EC and 47 EC) 
Article 43 EC is to be interpreted as 
meaning that where a Community national 
applies to the competent authorities of a 
Member State for authorisation to practise 
a profession, access to which depends, 
under national legislation, on the pos­
session of a diploma or professional qualifi­
cation or on periods of practical experi­
ence, those authorities are required to take 
into consideration all of the diplomas, 
certificates and other evidence of formal 
qualifications of the person concerned, and 
his relevant experience, by comparing the 
specialised knowledge and abilities so cer­
tified, and that experience, with the knowl­
edge and qualifications required by the 
national legislation, even where a directive 
on the mutual recognition of diplomas has 
been adopted for the profession concerned, 
but where application of that directive does 
not result in automatic recognition of the 
applicant's qualification or qualifications. 
It is of no consequence, in this respect, that 
the person concerned, albeit he can prove 
that he holds a diploma in a field in which 
such a directive has been adopted, cannot 
avail himself of the mechanism for auto­
matic recognition laid down by that direc­
tive because his diploma was awarded in a 
third country or because, for other reasons, 
the conditions for the application of that 
mechanism are not met. 
(see paras 28, 31 and operative part) 
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