Opinion of the Advocate General — ECLI:EU:C:2005:181
Date: 2005-03-17
Language of the case: German
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;Action for failure to fulfil obligations - unfounded
Origin: Austria

Summary of the Judgment 1. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Dental practitioners — Recognition of diplomas and evidence of formal qualifications — Directive 78/686 — Coordination of national provisions — Directive 78/687 — Transitional measures regarding Austria — Authorisation given to specialists in dental surgery to use the title ’Facharzt für Zahn,- Mund- und Kieferheilkunde’ — Whether permissible (Council Directives 78/686, Arts 1 and 19b, and 78/687, Art. 1) 2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Dental practitioners — Recognition of diplomas and evidence of formal qualifications — Directive 78/686 — Coordination of national provisions — Directive 78/687 — Transitional measures regarding Austria — Authorisation given to ‘Dentisten’ to use the title ‘Zahnarzt’ and to make use of the exception laid down in Directive 78/686 without meeting the requirements under Directive 78/687 — Not permissible (Council Directives 78/686, Arts 1 and 19b, and 78/687, Art. 1) 1. By authorising specialists in dental surgery to use the title ‘Facharzt für Zahn, Mund- und Kieferheilkunde’, the Republic of Austria has not failed to fulfil its obligations under Articles 1 and 19b of Directive 78/686 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 2001/19, and Article 1 of Directive 78/687 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners, as amended by Directive 2001/19. The Republic of Austria, first, has not created a new category of dental practitioners, but has simply maintained an existing category. Secondly, specialists in dental surgery do not constitute a category of dental practitioners which is not provided for by Directives 78/686 and 78/687. They are, on the contrary, specifically covered by Article 19b of the first of those directives. (see paras 31, 42-43) 2. By allowing dentists (‘Dentisten’) to engage in their occupation under the title ‘Zahnarzt’ (dental practitioner) or ‘Zahnarzt (Dentist)’ (dental practitioner (dentist)), and to make use of the exception laid down in Article 19b of Directive 78/686 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 2001/19, although they do not meet the minimum requirements under Article 1 of Directive 78/687 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners, as amended by Directive 2001/19, to be covered by the rules under those directives, the Republic of Austria has failed to fulfil its obligations under Articles 1 and 19b of Directive 78/686 and Article 1 of Directive 78/687. (see para. 44, operative part)