Opinion of the Advocate General — ECLI:EU:C:1999:87
Date: 1999-02-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: France

OPINION OF MR RUIZ-JARABO — CASE C-250/98 
OPINION OF ADVOCATE GENERAL 
RUIZ-JARABO COLOMER 
delivered on 23 February 1999* 
1. By this action the Commission seeks from 
the Court of Justice a declaration that the 
French Republic has failed to fulfil its obliga­
tions under Community law, in particular 
Directive 89/594/EEC on the mutual recog­
nition of qualifications as doctors, nurses, 
dental practitioners, veterinary surgeons and 
midwives 1 ('the Directive'). More specifi­
cally, the Commission complains that France 
has failed to transpose into national law the 
amendments introduced by Articles 18 and 
19 of the Directive to the rules concerning 
the recognition of diplomas, certificates and 
other evidence of formal qualifications neces­
sary to exercise the profession of veterinary 
surgeon. The Commission likewise seeks an 
order for costs against the defendant. 
2. Under Article 28 of the Directive, Member 
States were to adopt the measures necessary 
to comply with the Directive by 8 May 1991 
and to inform the Commission thereof 
forthwith. 
3. On 18 September 1990, the French Min­
istry of Solidarity, Health and Social Protec­
tion notified to the Commission the measures 
which had been adopted in order to transpose 
the provisions of the Directive relating to the 
professions of doctor, dental practitioner, 
nurse and midwife. 
4. By letter of formal notice of 11 October 
1993, the Commission called upon the French 
Government, under Article 169 of the Treaty, 
to submit its observations on the alleged 
infringement of its obligation to transpose 
into its national law the provisions of the 
Directive relating to the profession of veteri­
nary surgeon, namely Articles 16 to 20. 
5. By letter of 4 May 1994, the French author­
ities sent the Commission the text of a decree, 
adopted on 26 February 1991, concerning 
certain amendments in connection with the 
exercise of the profession of veterinary 
surgeon. 
6. The Commission took the view that it had 
received no information regarding the 
* Original language: Spanish. 
1 — Council Directive 89/594/EEC of 30 October 1989 amending 
Directives 75/362/EEC, 77/452/EEC, 78/686/EEC 
78/1026/EEC and 80/154/EEC relating to the mutual recog­
nition of diplomas, certificates and other evidence of formal 
qualifications as doctors, nurses responsible for general care, 
dental practitioners, veterinary surgeons and midwives, 
together with Directives 75/363/EEC, 78/1027/EEC and 
80/155/EEC concerning the coordination of provisions laid 
down by law, regulation or administrative action relating to 
the activities of doctors, veterinary surgeons and midwives 
(OJ 1989 L 341, p. 19). 
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COMMISSION ν FRANCE 
transposition of Articles 18 and 19 of the 
Directive, and sent a reasoned opinion to the 
French Government on 22 January 1996. 
7. O n 29 July 1996, the French authorities 
notified to the Commission a draft law 
amending French Law N o 82-899 of 20 
October 1982 concerning the exercise of the 
profession of veterinary surgeon. In the Com­
mission's own words, if that draft had been 
adopted, France would have fully complied 
with its obligations under the Directive. How­
ever, the legislative process was interrupted 
by the dissolution of the French Parliament, 
decreed by the President of the Republic on 
21 April 1997. 
8. O n 8 July 1998, the Commission had 
received no information regarding the meas­
ures which France was required to adopt 
under Articles 18 and 19 of the Directive, and 
accordingly initiated the present proceedings. 
9. In its observations before the Court of 
Justice, the French Government does not dis­
pute that Articles 18 and 19 have not yet been 
transposed, but states that a new draft law, 
identical to the one whose enactment was 
interrupted, is to be submitted to Parliament 
in the near future. 
10. The only conclusion to be drawn from all 
the foregoing is that the French Republic has 
indeed failed to fulfil its obligations as claimed 
by the Commission. 
11. The costs of these proceedings must be 
borne by the defendant pursuant to Article 
69(2) of the Rules of Procedure. 
Conclusion 
12. I p r o p o s e that the C o u r t of Justice should allow the application and: 
(1) declare that, b y failing t o a d o p t wi th in the prescribed per iod the measures nec­
essary t o t ranspose into national law Articles 18 and 19 of C o u n c i l Directive 
89/594/EEC of 30 O c t o b e r 1989 amending Directives 75/362/EEC, 77/452/EEC, 
78/686/EEC, 78/1026/EEC and 80/154/EEC relating t o the m u t u a l recogni­
t ion of d ip lomas, certificates and o t h e r evidence of formal qualifications as 
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OPINION OF MR RUIZ-JARABO — CASE C-250/98 
doctors, nurses responsible for general care, dental practitioners, veterinary sur­
geons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 
80/155/EEC concerning the coordination of provisions laid down by law, regu­
lation or administrative action relating to the activities of doctors, veterinary 
surgeons and midwives, the French Republic has failed to fulfil its obligations 
under Article 169 of the EC Treaty; 
(2) order the French Republic to pay the costs. 
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