Opinion of the Advocate General — ECLI:EU:C:2010:722
Date: 2010-11-30
Language of the case: Greek
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment 1. 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 – Access to or pursuit of a regulated profession on the same conditions as for nationals – Professions deemed to be regulated professions – Application of the mechanism of recognition provided for in point (b) of the first subparagraph of Article 3 of the directive, irrespective of whether or not the person concerned is a member of a recognised association or professional organisation (Council Directive 89/48, second subparagraph of Art. 1(d) and point (b) of the first subparagraph of Art.3) 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 – Access to or pursuit of a regulated profession on the same conditions as for nationals – Professions deemed to be regulated professions – Access based on professional experience – Conditions (Council Directive 89/48, point (b) of the first subparagraph of Art. 3) 1. Point (b) of the first subparagraph of Article 3 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, must be interpreted as meaning that the mechanism of recognition which it provides for is applicable where, in the Member State of origin, the profession at issue falls under the second subparagraph of Article 1(d) of that directive, irrespective of whether the person concerned is or is not a full member of the association or organisation concerned. (see para. 26, operative part 1) 2. Before account can be taken, for the purposes of point (b) of the first subparagraph of Article 3 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 9, of professional experience relied on by a person seeking to obtain authorisation to pursue a regulated profession in the host Member State, the following three conditions must be satisfied: - the experience relied on must consist of full-time work for at least two years during the previous 10 years; - that work must have consisted of the continuous and regular pursuit of a range of professional activities which characterise the profession concerned in the Member State of origin, but that work need not have encompassed all those activities, and - the profession, as it is normally pursued in the Member State of origin, must be equivalent, in respect of the activities which it covers, to the profession which the person has sought authorisation to pursue in the host Member State. (see para. 42, operative part 2)