Judgment — ECLI:EU:C:2005:473
Date: 2005-07-14
Language of the case: Greek
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: The various activities
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas – Directive 92/51 – Taking up or pursuit of a regulated profession on the same conditions as those which apply to nationals (Article 3) – Direct effect without the official recognition of a candidate’s qualifications by the competent national authorities – Imposition of compensatory measures – Limits (Council Directive 92/51, Art. 3(a)) Article 3(a) of Directive 92/51 on a second general system for the recognition of professional education and training to supplement Directive 89/48 provides that the competent authority of the host Member State may not, on the grounds of inadequate qualifications, refuse to authorise a national of a Member State to take up or pursue a regulated profession on the same conditions as apply to its own nationals if the applicant holds the diploma, as defined in that directive, which is required in another Member State for the taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State. Where national measures transposing the directive have not been adopted within the period prescribed by it, a national of a Member State may rely on that provision in order to obtain, in the host Member State, authorisation to pursue a regulated profession. That possibility may not be made dependent on official recognition of the qualifications of the person concerned by the competent national authorities. In addition, the compensatory measures referred to in Article 4(1) of Directive 92/51 may be imposed on the person concerned only in so far as they are provided for in the national legislation in force at the time of processing the application in question, which it is for the national court to determine. (see paras 31, 36, 42, operative part)