Opinion of the Advocate General — ECLI:EU:C:2014:2338
Date: 2014-11-05
Language of the case: German
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Fourth Chamber), 16 April 2015 1. EU law — Interpretation — Methods — Literal, systematic and teleological interpretation 2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — General system for the recognition of evidence of training — Access to the profession of architect — Conditions — Holding formal qualifications not listed in Annex V, point 5.7.1 — Specific and exceptional reasons — Cumulative conditions (European Parliament and Council Directive 2005/36, Art. 10(c) and Annex V, point 5.7) 3. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — General system for the recognition of evidence of training — Access to the profession of architect — Concept of ‘specific and exceptional reasons’ — Scope (European Parliament and Council Directive 2005/36, Art. 10(c)) 4. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — General system for the recognition of evidence of training — Concept of architect — Criteria (European Parliament and Council Directive 2005/36, Art. 10(c)) 1. See the text of the decision. (see para. 26) 2. Article 10(c) of Directive 2005/36 on the recognition of professional qualifications, as amended by Regulation No 279/2009, must be interpreted as meaning that an applicant wishing to benefit from the general system for recognition of evidence of training laid down in Chapter I of Title III of that directive must, in addition to holding formal qualifications not listed in Annex V, point 5.7.1, thereto, also establish the existence of ‘specific and exceptional reasons’. (see para. 38, operative part 1) 3. Article 10(c) of Directive 2005/36 on the recognition of professional qualifications, as amended by Regulation No 279/2009, must be interpreted as meaning that the concept of ‘specific and exceptional reasons’, within the meaning of that provision, refers to the circumstances which gave rise to the fact that the applicant does not hold a formal qualification listed in Annex V, point 5.7.1, to that directive, it being understood that the applicant cannot rely on the fact that he holds professional qualifications which give him access, in his home Member State, to a profession other than that which he wishes to pursue in the host Member State. In addition, ‘specific and exceptional reasons’ may cover both the circumstances relating to institutional and structural obstacles resulting from the particular situation in the Member State concerned and circumstances related to the applicant’s personal situation. (see paras 43, 45, operative part 2) 4. Article 10(c) of Directive 2005/36 on the recognition of professional qualifications, as amended by Regulation No 279/2009, must be interpreted as meaning that the concept of architect, referred to in that provision, must be defined in the light of the legislation of the host Member State and, therefore, that it does not necessarily require the applicant to have training and experience which extends not only to the technical activities of planning, supervision and implementation, but also to creative, urban planning, economic and possibly historic building conservation activities. (see para. 51, operative part 3)