Judgment — ECLI:EU:C:2007:300
Date: 2007-05-24
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: The various activities;The various services
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Judgment of the Court (Sixth Chamber) of 24 May 2007 – Commission v Portugal (Case C‑43/06) Failure of a Member State to fulfil its obligations – Directive 85/384/EEC – Architects – Mutual recognition of diplomas, certificates and other evidence of formal qualifications – Requirement to sit an entrance exam for the institute of architects Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Architects – Recognition of diplomas and other evidence of formal qualifications (Council Directive 85/384, Arts 2 and 10) (see para. 31, operative part) Re: Failure of a Member State to fulfil its obligations – Infringement of Articles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ 1985 L 223, p. 15) – Requirement to pass an entrance exam for the institute of architects in the host State, in order to carry on the profession of architect, for architects from other Member States who are not enrolled with their respective national institute of architects. Operative part The Court: 1. Declares that, by requiring holders of professional qualifications in architecture conferred by other Member States to sit an entrance exam for the Portuguese Institute of Architects if they were not enrolled in the institute of architects in another Member State, the Republic of Portugal has failed to fulfil its obligations under Articles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 2001/19/EC of the European Parliament and the Council of 14 May 2001; 2. Orders the Republic of Portugal to pay the costs.