Opinion of the Advocate General — ECLI:EU:C:2003:77
Date: 2003-02-06
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Principles, objectives and tasks of the Treaties;Freedom to provide services;Social Policy;Free movement of workers;Anti-discrimination
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Community law — Principles — Fundamental rights — Prohibition of discrimi­
nation on grounds of sex — Condition governing the legality of Community acts 
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SUMMARY — CASE C-25/02 
2. Freedom of movement for persons — Freedom of establishment — Freedom to 
provide services — Doctors — Directives 86/457 and 93/16 — Specific training in 
general medical practice — Requirement of a certain number of full-time training 
periods — Assessment in the light of the principle of the prohibition of discrimination 
on grounds of sex — Whether permissible 
(Council Directives 76/207, 86/457, Art. 5(1), and 93/16, Art. 34(1)) 
1. Compliance with the prohibition of 
indirect discrimination on grounds of 
sex, which forms part of the funda­
mental rights the observance of which, 
as general principles of Community 
law, the Court has a duty to ensure, is 
a condition governing the legality of all 
measures adopted by the Community 
institutions. 
(see paras 25, 28, 
operative part 1 ) 
2. Article 5(1) of Directive 86/457 on 
specific training in general medical 
practice and Article 34(1) of Directive 
93/16 to facilitate the free movement of 
doctors and the mutual recognition of 
their diplomas, certificates and other 
evidence of formal qualifications, 
according to which part-time training 
in general medical practice must 
include a certain number of periods of 
full-time training, are not incompatible 
with the prohibition on indirect dis­
crimination on grounds of sex within 
the meaning of Directive 76/207. 
Although such a requirement works 
particularly to the disadvantage of 
persons of the female sex as compared 
with persons of the male sex, it must 
however be regarded as justified by 
objective factors unrelated to discrimi­
nation on grounds of sex, since the 
Community legislature reasonably 
took the view that that requirement 
enables doctors to acquire the experi­
ence necessary, by following patients' 
pathological conditions as they may 
evolve over time, and to obtain suffi­
cient experience in the various situ­
ations likely to arise more particularly 
in general medical practice. 
(see paras 35, 40, 42, 
operative part 2) 
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