Judgment — ECLI:EU:C:2008:679
Date: 2008-12-04
Language of the case: Greek
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: The various activities;General
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Judgment of the Court (Second Chamber) of 4 December 2008 – Commission v Greece (Case C‑84/07) Failure of a Member State to fulfil obligations – Directive 92/51/EEC – Recognition of diplomas – Studies completed in an ‘independent study centre’ not recognised as an educational establishment by the host Member State – Optician 1. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas – Directive 92/51 (Council Directive 92/51, Arts 1(a) and 3) (see paras 27-28, 46, operative part) 2. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas – Directive 92/51 (Council Directive 92/51, Art. 12) (see paras 35-37, 46, operative part) 3. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas – Directive 92/51 (Council Directive 92/51, Art. 4(1)(b), third subpara.) (see paras 43-46, operative part) Re: Failure of a Member State to fulfil obligations – Infringement of Articles 3, 4(1)(b) and 12 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25). Operative part The Court: 1. Declares that the Hellenic Republic, – by failing to recognise the opticians’ diplomas granted by the competent Italian authorities following training given under an agreement pursuant to which training given in Greece by a private body is homologated by those authorities; – by making consideration of applications for recognition of Italian opticians’ diplomas subject to the provision, by the Italian authorities, of the answers to five questions previously sent to them by the Greek authorities; and – by allowing applicants for recognition of Italian opticians’ diplomas, who applied before the entry into force of Law 2916/2001 on the structure of university or similar education and the regulation of questions on the technological sector of that education, no choice between an adaptation period and an aptitude test, has failed to fulfil its obligations under Article 3, the third subparagraph of Article 4(1)(b) and Article 12 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001; 2. 2. Orders the Hellenic Republic to pay the costs.