Opinion of the Advocate General — ECLI:EU:C:2002:189
Date: 2002-03-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment
1. Member States — Obligations — Implementation of Community law— Condition of
reciprocity — Not permissible
I - 4541
SUMMARY — CASE C-142/01
2. Freedom of movement for persons — Right of establishment — Freedom to provide
services — Recognition of diplomas and other formal qualifications — Directives
89/48 and 92/51 — Recognition of a ski-monitor diploma — Condition of reciproc­
ity — Not permissible
(Council Directives 89/48 and 92/51)
1. The implementation of the obligations
imposed on Member States by the
Treaty or secondary legislation cannot
be made subject to a condition of
reciprocity.
(see para. 7)
2. A Member State which maintains in
force legislation which makes recogni­
tion of a ski-monitor diploma subject
to a condition of reciprocity has failed
to fulfil its obligations under Directive
92/51, on a second general system for
the recognition of professional edu­
cation and training to supplement
Directive 89/48.
(see para. 11, operative part)
I - 4542