Judgment — ECLI:EU:C:2008:229
Date: 2008-04-17
Language of the case: Dutch
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Concepts: The various activities
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 1. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – 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)(b), third subpara.) 2. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – 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, Arts 3 and 4) 1. As regards professions ‘whose practice requires precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and constant aspect of the professional activity’, the host Member State may, by derogation from the principle laid down in the third subparagraph of Article 4(1)(b) 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, as amended by Directive 2001/19, stipulate either an adaptation period or an aptitude test. The content of the education and training required by a Member State which regulates a profession is a criterion which is especially relevant in order to establish the requirements connected to the practice thereof. Consequently, a profession which is open to persons who have not received significant education and training in law cannot be considered to be one ‘whose practice requires precise knowledge of national law’. (see paras 36, 38) 2. Articles 3 and 4 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, as amended by Directive 2001/19, preclude legislation of a Member State which makes the performance, on its territory, of certain activities falling within the scope of the regulated profession of estate agent by a service provider established in another Member State who has concluded a cooperation agreement with an estate agent who is duly authorised in the host Member State, subject to obtaining an authorisation the grant of which is conditional upon success in an aptitude test in law. Where it is proven, which it is for the national court to verify, that, following the conclusion of such a cooperation agreement, the service provider does not exercise all the aspects of the regulated profession of estate agent, as it is defined in the host Member State, but only certain of the professional activities which constitute that profession, without being involved in the legal aspects of sales, the requirement imposed on him to comply with compensatory measures relating to his knowledge of the law of the Member State in question goes manifestly beyond what is necessary in order to protect the recipients of services against the risk of inadequate assistance with regard to the legal aspects of the sale. (see paras 40-41, 43, operative part)