Judgment — ECLI:EU:C:2006:474
Date: 2006-07-13
Language of the case: English
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Free movement of workers
Concepts: The various activities
Procedure: Reference for a preliminary ruling
Origin: Ireland

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Activities in the field of pharmacy (Council Directive 85/433, Art. 2) Article 2(1) of Directive 85/433 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, imposes an obligation on each Member State to recognise the diplomas listed in Article 4 thereof awarded to nationals of Member States by other Member States, in accordance with Article 2 of Directive 85/432 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, by giving such diplomas the same effect in the State’s territory as those diplomas listed in Article 4 which it itself awards. However, the first subparagraph of Article 2(2) of Directive 85/433 states that Member States need not give effect to the diplomas referred to in Article 2(1) with respect to the establishment of new pharmacies open to the public, it being understood that pharmacies which have been in operation for less than three years are also to be regarded as new. It follows that Article 2 of Directive 85/433, in its entirety, imposes an obligation of mutual recognition only in respect of pharmacies which have been in operation for at least three years. Therefore, a Member State which complies merely with that minimal level of recognition of diplomas is not exercising any discretion conferred by that directive. (see paras 27-28, 33-34, operative part)