Order — ECLI:EU:T:1998:252
Date: 1998-10-28
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: Basis of liability
Procedure: Action for damages - unfounded
Origin: United Kingdom

Summary of the O r d e r 
Non-contractual liability — Conditions — Publication by the Commission, for information pur­
poses, of a fact-sheet concerning the recognition of diplomas and qualifications in medical practice 
— Fault on the part of the Commission — None 
(EC Treaty, Art, 215, second para.) 
There is manifestly no foundation in law in 
the case of an application brought by a 
national of a Member State holding general 
and specialist qualifications in medicine, 
gained in that State, seeking compensation 
for damage allegedly suffered as a result of 
the Commission's publication of a fact-sheet 
concerning the recognition of diplomas and 
qualifications for general and specialist medi­
cal practitioners which, in the view of the 
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SUMMARY — CASE T-100/98 
applicant, inadequately reflects the rules 
applicable to specialist medical practitioners 
in the aforementioned Member State. 
N o finding of fault can be made against the 
Commission where the fact-sheet contains, 
for persons who wish to obtain recognition 
of their diploma or qualifications, a general 
overview of the applicable Community law, 
a list of the Community and national legisla­
tive instruments in force and a Hst of useful 
addresses, accompanied by a disclaimer 
warning that such guidance as is given on 
Community law is for information purposes 
only. 
Furthermore, inasmuch as the fact-sheet can­
not, by reason of its nature and content, have 
any effect as regards the rules applicable to 
specialist medical practitioners trained and 
established in a particular Member State, the 
applicant is in no position to invoke any per­
sonal damage arising out of the information 
published by the Commission. 
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