Judgment — ECLI:EU:C:2005:472
Date: 2005-07-14
Language of the case: Greek
Court formation: Fourth Chamber
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
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 89/48 – Taking up or pursuit of a regulated profession on the same conditions as those which apply to nationals (Article 3) – Direct effect without the official recognition of a candidate’s qualifications by the competent national authorities – Imposition of compensatory measures – Limits (Council Directive 89/48, Art. 3(a)) Article 3(a) of 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 provides that the competent authority of the host Member State may not, on the grounds of inadequate qualifications, refuse to authorise a national of a Member State to take up or pursue a regulated profession on the same conditions as apply to its own nationals if the applicant holds the diploma required in another Member State for the taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State. Where national measures transposing the directive have not been adopted within the period prescribed by it, a national of a Member State may rely on that provision in order to obtain, in the host Member State, authorisation to pursue a regulated profession That possibility may not be made dependent on recognition of the qualifications of the person concerned by the competent national authorities. In addition, the compensatory measures referred to in Article 4(1) of Directive 89/48 may be imposed on the person concerned only in so far as they are provided for in the national legislation in force when the application in question was processed. (see paras 30, 34, 40, operative part)