62022CJ0773_INF
Judgment of the Court (Fourth Chamber) of 29 July 2024 –Commission v Slovakia (Professional qualifications)
(Case C‑773/22) (
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(Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 2(3) – Scope – Separate provisions of EU law directly governing the recognition of professional qualifications – Article 7(4) – Conditions for imposing an aptitude test prior to the first provision of services – Article 14(1) and (4) – Conditions for imposing compensatory measures – Article 35(3) – Conditions for issuing evidence of formal qualifications as a practitioner of specialised dentistry – Article 41(1)(c) – Conditions for the recognition of evidence of formal qualifications as a midwife – Article 42(2) – Activities to which midwives must at least be entitled to have access – Article 50 and Annex VII, point (1)(d) – Documents required from the home Member State for access to a regulated profession in the host Member State – Article 55(2) – Guidelines on the organisation and recognition of professional traineeships – Failure to transpose into national law)
Free movement of persons – Freedom of establishment – Workers – Recognition of professional qualifications – Directive 2005/36 – Failure to transpose into national law
(Art. 258 TFEU; European Parliament and Council Directive 2005/36, Arts 2(3), 7(4), 14(1) and (4), 42(2), 50 and 55a(2) and Annex VII, point 1(d))
(see paragraphs 38, 39, 42, 69, 70, 72, 75, 77, 83, 88, 93, 95, 123, 126, 140, 144, 145, 149, 152, 159)
Operative part
1.
The Slovak Republic has failed to fulfil its obligations under Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, by:
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not limiting, in accordance with Article 2(3) of Directive 2005/36, as amended, the cases in which that directive does not apply to those in which a separate instrument of EU law contains specific provisions directly concerning the recognition of professional qualifications;
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failing, in accordance with the first and fourth subparagraphs of Article 7(4) of Directive 2005/36, as amended, to make the possibility of imposing an aptitude test on a migrant service provider subject to the condition that the activity concerned has implications for public health and safety and to the finding that there is a substantial difference between the qualifications of that service provider and the training required in the host Member State;
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not limiting, in accordance with Article 14(1)(b) of Directive 2005/36, as amended, the possibility of imposing compensatory measures to the condition that the training required to practise the regulated profession concerned relates to subjects substantially different from those covered by the applicant's attestation of competence or evidence of formal qualifications;
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failing to adopt, in accordance with Article 42(2)(c), (f) and (j) of Directive 2005/36, as amended, the provisions necessary to enable midwives, respectively, to prescribe the examinations necessary for the earliest possible diagnosis of any high-risk pregnancy, to perform breech deliveries in emergencies and to provide the care prescribed by a doctor;
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failing to adopt, in accordance with Article 50 in conjunction with point 1(d) of Annex VII to Directive 2005/36, as amended, a provision requiring the transmission within two months of the documents requested by the host Member State and on which the latter makes access to a regulated profession conditional;
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failing to adopt, in accordance with Article 55a(2) of Directive 2005/36, as amended, guidelines on the organisation and recognition of work placements in another Member State or in a third country, in particular as regards the role of the person responsible for the work placement.
2.
The action is dismissed as to the remainder.
3.
The European Commission and the Slovak Republic are ordered to bear their own costs.
(
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)	OJ C 54, 13.2.2023.