Judgment — ECLI:EU:C:2008:265
Date: 2008-05-08
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: The various activities
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

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 – Scope of Directive 89/48 (Arts 43, second para., and 47(3) EC; Council Directive 89/48) 2. Freedom of movement for persons – Freedom of establishment – Recognition of diplomas and formal qualifications (Art. 47(3) EC) 1. A Member State which fails to adopt all the measures necessary to transpose 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 far as the profession of hospital pharmacist is concerned has failed to fulfil its obligations under that directive. The right to recognition of diplomas is guaranteed as an expression of the fundamental right to freedom of establishment by the second paragraph of Article 43 EC. Directive 89/48, which lays down a ‘method of recognition’ of the diplomas which it covers, establishes a general system for the recognition of higher-education diplomas enabling the holder to gain access to a regulated profession and thus to exercise a right enshrined in the Treaty. Article 47(3) EC cannot be interpreted as precluding a directive designed to implement such a system from being applied to the health professions. Such an interpretation would result not only in a failure to apply Directive 89/48 but more generally in precluding the right of Community nationals to recognition of diplomas of specialisations in pharmacy, even though that right stems from the second paragraph of Article 43 EC. Accordingly, the recognition of diplomas giving access to the profession of hospital pharmacist falls within the scope of Directive 89/48 and the Member States must provide for a system allowing for that recognition, under the conditions laid down in that directive. (see paras 37-39, 43-44, operative part) 2. The objective of Article 47(3) EC is not to restrict the scope of the right to recognition of diplomas, but to avoid the implementation of a system for the automatic recognition of diplomas giving access to the health professions in the absence of coordination of the provisions governing the exercise of those professions. That provision of the Treaty therefore concerns a system which must be designed in such a way as to correspond with the progressive harmonisation of the provisions on the exercise of those professions. (see para. 42)