Opinion of the Advocate General — ECLI:EU:C:2004:196
Date: 2004-03-30
Language of the case: Greek
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: Greece

Summary of the Judgment 1. Actions for failure to fulfil obligations – Subject-matter of the proceedings – Specification in the pre-litigation procedure – Purely formal amendment of the grounds for complaint after the issue of the reasoned opinion because of an amendment to national legislation – Permissible (Art. 226 EC) 2. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Architects – Recognition of diplomas and other evidence of formal qualifications – Obligation to provide a document attesting to compliance with the national provisions in question – Delayed processing by the national technical board of applications for registration of Community nationals not holding a national diploma – Not permissible (Council Directive 85/384) 1. In an action for failure to fulfil obligations under Article 226 EC, the Commission’s reasoned opinion and its action must be based on identical grounds for complaint. That requirement cannot, however, go so far as to make it necessary that in every event the national provisions mentioned in the reasoned opinion and in the application should be completely identical. Where a change in the legislation occurred between those two phases in the procedure, it is sufficient that the system established by the legislation contested in the pre-litigation procedure has as a whole been maintained by the new measures which were adopted by the Member State after the issue of the reasoned opinion and have been challenged in the application. (see para. 17) 2. A Member State which adopts and retains in force provisions which, among the conditions for obtaining authorisation to pursue the profession of architect, lay down the obligation to submit a certificate issued by the competent authorities of the person’s Member State of origin or of the State from which he comes, attesting that the diplomas or other evidence of formal qualifications submitted correspond to those provided for by the national provisions at issue, and accepts that the national technical board, with which a person must be registered in order to pursue the profession of architect, carries out with significant delays the processing of the files and the registration of Community nationals holding foreign diplomas which ought to be recognised under Directive 85/384 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, has failed to fulfil its obligations under that directive. (see para. 18, operative part)