61998B0100(01)
ORDER OF THE COURT OF FIRST INSTANCE (Fourth Chamber)
28 October 1998 (
*1
)
In Case T-100/98,
Anthony Goldstein, residing in Harrow, Middlesex, England, represented by Raymond St John Murphy, Solicitor, 3 King's Bench Walk, Inner Temple, London,
applicant,
ν
Commission of the European Communities, represented by Richard Lyal, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION under Article 178 and the second paragraph of Article 215 of the EC Treaty for compensation for the damage which the applicant claims to have suffered as a result of the publication, under the Commission's responsibility, of a fact sheet concerning the recognition of diplomas and qualifications for general and specialist medical practitioners,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber),
composed of: R. M. Moura Ramos, President, V. Tiili and P. Mengozzi, Judges,
Registrar: H. Jung,
makes the following
Order
1
The applicant is a British national residing in the United Kingdom. He is a qualified medical practitioner and the holder of a Certificate of Specialist Training obtained following completion of a course of specialist training in rheumatology.
2
By application lodged at the Registry of the Court of First Instance on 30 June 1998, he sought compensation for the damage which he claims to have suffered as a result of the publication by the Commission, in particular on the Internet, of a fact sheet concerning the recognition of diplomas and qualifications in general and specialist medical practice.
3
He maintains that the fact sheet inadequately reflects the rules applicable to specialist medical practitioners in the United Kingdom and thus constitutes misleading advertising within the meaning of Council Directive 84/450/EEC of10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ 1984 L 250, p. 17).
4
With regard to the recognition of the diplomas and qualifications of general and specialist medical practitioners in the United Kingdom, the fact sheet in question, as attached to the application, is worded as follows:
‘I — Background information on Community law
Basic principle: You have the right of establishment as a self-employed or employed person in any Member State of the European Union, subject to recognition of your qualification. There are simplified authorisation and registration procedures if you wish merely to provide services in another Member State.
Scope: 1. Recognition of your qualification is mandatory and automatic only if it was acquired in a Member State and is listed in the Directive. Mandatory and automatic recognition for all Member States therefore applies only if the qualification entitles you to practise general medicine or a medical specialism that is common to all Member States and is listed in the Directive. For qualifications in specialised medicine that are common to only some Member States and are indicated as such in the Directive, recognition is mandatory and automatic only for those Member States. In the case of other specialisms, which are either not covered by the Directive or are covered only in respect of the host Member State, recognition is granted on a case-by-case basis, but only after the host Member State has made a comparison between the education and training received in the Member State of origin and that which is available in the host Member State. Applicants may, in some cases, be asked to undergo additional training.
2.
In specific cases, especially older forms of training undertaken in certain Member States prior to implementation of the Directives or qualifications which have a different designation, recognition may be subject to certain requirements.
3.
There is no provision for the recognition of training received in countries outside the European Union. Such recognition may, however, be granted by Member States but is binding only on the Member State that grants it and does not extend beyond the territory of that Member State.
4.
The authorities of the host Member State have three months in which to process your application to take up the activity concerned. Decisions not to grant recognition must be reasoned decisions, and it must be possible to appeal against them to the national courts.
Main Community instrument concerned: Council Directive 93/16/EEC (Official Journal of the European Communities
No L 165 of 7 July 1993, p. 1), as amended by the Act of Accession of Austria, Finland and Sweden (OJ No L 1 of 1 January 1995, p. 1).
II. — Formalities in the United Kingdom
1.
How to proceed
All applications and enquiries should be addressed to:
General Medical Council
178-202 Great Portland Street
London W1N 6JE
2.
Information and/or documents to be submitted to the competent authorities
You will have to produce inter alia the following:
(a)
a registration form FR7 (obtainable from the above address), duly completed
(b)
an identity document showing that you are an EU or EEA national
(c)
your diploma
3.
Fees
£135
4.
Contact point
See Section II.1
5.
National rules
Medical Act 1983; European Primary Medical Qualifications Regulations 1996 (SI 1996/1591); European Specialist Medical Qualifications
Order 1995 No 3208.
III. — Useful addresses in the United Kingdom
In addition to the address given in Section II. 1:
National Advice Centre for Postgraduate Medicine
Third floor
British Council
Medlock Street
Manchester Ml 5 4PR
Health Care Directorate (METS)
NHS Executive
Quarry House
Quarry Hill
Leeds LS2 7UE
How to exercise your rights: if your application is refused, you may appeal to the Review Board.
Other useful addresses, as well as details of other Factsheets, are contained in the Citizens First Guides.’
5
It is thus clear that the fact sheet contains, for persons who wish to obtain recognition of their diploma or qualifications, a general overview of the applicable Community law, a Ust of the Community and national legislative instruments in force and a list of useful addresses.
6
The applicant does not specify which of those items of information he considers to be erroneous.
7
The Commission, for its part, was not bound to provide more specific information by setting out, for example, the full texts of the Community and national legislative instruments cited.
8
It included, moreover, the following notice in the fact sheet:
‘This Citizens First Factsheet is intended to provide guidance on EU law for information purposes only. It has been prepared by the European Commission with the help of national authorities (final text prepared on 30 October 1996) and contains information on the national implementation of EU law. You are advised that the texts of Community legal instruments should be relied upon in case of doubt concerning the extent of a right or obligation arising from EU law.’
9
In those circumstances, no finding of fault can be made against the defendant.
10
Moreover, inasmuch as the fact sheet cannot, by reason of its nature and content, have any effect as regards the rules applicable to specialist medical practitioners trained and established in the United Kingdom, the applicant is in no position to invoke any personal damage arising out of the information published by the Commission.
11
Consequently, the application must be dismissed, without taking any further steps in the proceedings, as manifestly lacking any foundation in law, pursuant to Article 111 of the Rules of Procedure.
Costs
12
Under Article 87(2) of the Rules of Procedure of the Court of First Instance, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the applicant has been unsuccessful and the defendant has applied for costs, the applicant must be ordered to pay the costs.
On those grounds,
THE COURT OF FIRST INSTANCE (Fourth Chamber)
hereby orders:
1.
The application is dismissed.
2.
The applicant shall pay the costs.
Luxembourg, 28 October 1998.
H.Jung
Registrar
R.M. Moura Ramos
President
(
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)	Language of the case: English.