Case C‑75/22
European Commission
v
Czech Republic
Judgment of the Court (Fourth Chamber) of 8 May 2024
( Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 3(1)(g) and (h) – Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test – Article 7(3) – Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State – Article 45(2)(c), (f) and, in part, (e) – Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience – Article 51(1) – Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document – Not transposed into national law )
1.        Free movement of persons – Freedom of establishment – Workers – Recognition of professional qualifications – Directive 2005/36 – Right to pursue a regulated profession in the host Member State – Persons undergoing an adaptation period or preparing themselves for an aptitude test – Status of those persons to be laid down by the competent authority of that Member State – Need for clear and precise transposition – Failure to fulfil obligations
(European Parliament and Council Directive 2005/36, Arts 3(1)(g) and (h), 7(3) and 51(1))
(see paragraphs 75, 77-81, 284)
2.        Actions for failure to fulfil obligations – Subject matter of the dispute – Determination during the pre-litigation procedure – Obligation on the Commission to establish that the complaints in, first, the letter of formal notice and, second, the reasoned opinion and the proceedings are the same – Complaints not the same – Justification based on the failure of the Member State in question to submit relevant law – Not permissible
European Parliament and Council Directive 2005/36, Art. 6, first para.(b))
(see paragraphs 110, 111, 113, 114)
3.        Free movement of persons – Freedom of establishment – Workers – Recognition of professional qualifications – Directive 2005/36 – Professions enjoying automatic recognition – Veterinary surgeons and architects pursuing their activity on a temporary and occasional basis in the host Member State – Provision of services under the professional title of that Member State – Need for clear and precise transposition – Failure to fulfil obligations
(European Parliament and Council Directive 2005/36, Arts 3(1)(g) and (h), 7(3) and 51(1), and Title III, Chapter III)
(see paragraphs 139, 142, 145-147, 149, 152, 284)
4.        Free movement of persons – Freedom of establishment – Workers – Recognition of professional qualifications – Directive 2005/36 – Procedure for recognition by the host Member State’s competent authority – Authority to have a time limit of one month within which to acknowledge receipt of the application for recognition and to inform the applicant of any missing document – Need for clear and precise transposition – Failure to fulfil obligations
(European Parliament and Council Directive 2005/36, Arts 3(1)(g) and (h), 7(3) and 51(1))
(see paragraphs 277-284)
See the text of the decision.