Opinion of the Advocate General — ECLI:EU:C:2002:350
Date: 2002-06-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: France

SUMMARY — CASE C-110/01 
Summary of the Judgment 
Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Doctors — Recognition of diplomas and evidence of formal qualifications — 
Directive 93/16 — Minimum medical training requirements — Training received in a 
third country — Whether permissible — Conditions — Certificate accompanying a 
diploma not corresponding to the qualifications or designations prescribed by the 
directive — Discretion of the authorities of the host Member State — Excluded — 
Possibility of bringing the matter of verification before the authorities of the Member State 
awarding the diploma — Conditions 
(Council Directive 93/16, Arts 9(5) and 23(2)) 
The medical t ra ining required by 
Article 23(2) of Directive 93/16 to facilitate 
the free movement of doctors and the 
mutual recognition of their diplomas, cer­
tificates and other evidence of formal 
qualifications may comprise training 
received even mainly in a third country, 
provided that the competent institution of 
the Member State awarding the diploma is 
in a position to validate the training and to 
conclude on that basis that it duly serves to 
meet the requirements for the training of 
doctors laid down by the directive. 
Furthermore, the authorities of the host 
Member State are bound by a certificate, 
issued in accordance with Article 9(5) of 
Directive 93/16, which states that the 
relevant diploma is treated as one of the 
qualifications or designations set out in 
Article 3, 5 or 7 of the directive and was 
awarded following training in accordance 
with the provisions of Title III thereof. In 
the event of new factors coming to light 
which give rise to serious doubts as to the 
authenticity of the diploma submitted to 
them or as to whether it complies with the 
applicable rules, it is permissible for them 
to re-open the matter of verification with 
the authorities of the Member State awar­
ding the relevant diploma. 
(see paras 70, 81, operative parts 1-2) 
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