Judgment — ECLI:EU:C:2008:569
Date: 2008-10-16
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 Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas and qualifications (Council Directives 89/48 and 92/51) Where a Member State does not adopt a system for the recognition of the profession of air traffic controller, it fails to fulfil its obligations pursuant to 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 and Directive 92/51 on a second general system for the recognition of professional education and training to supplement Directive 89/48. Such a profession must be classified as a regulated profession within the meaning of those directives and thus falls within their scope where the pursuit of the activity of air traffic controller is effectively governed by legislative provisions creating a system under which that professional activity is expressly reserved to those who fulfil certain conditions and access to it is prohibited to those who do not fulfil them. That conclusion cannot be called into question by the fact that there is no training leading to a single diploma which gives the right to pursue the profession in question. As access to the profession of air traffic controller is subject to possession of a ‘diploma’ as defined by Directive 89/48, it follows that the Member State concerned must ensure provision for the recognition of diplomas which fall either within the definition contained in Directive 89/48, or within that contained in Directive 92/51. As the directives do not establish a system of automatic recognition, the specific or local character of certain ratings which a person wishing to pursue the profession of air traffic controller in the host Member State is required to have does not preclude the comparison of, first, the skills attested to by the diplomas or the professional education and training acquired in a Member State other than the host Member State with the objective of pursuing that profession and, second, the knowledge and the ratings required for the pursuit of that profession in the Kingdom of Spain. (see paras 38-40, 45, 47, 53, 55, 57, operative part)