Keywords

Summary



Keywords

1 Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Doctors - Acquisition of specialist qualifications - Obligation to provide remuneration during training only in the case of medical specialties common to all Member States or to two or more Member States and listed in Articles 5 or 7 of Directive 75/362

(Council Directives 75/362, Arts 5 and 7, 75/363, Art. 2(1)(c), and 82/76)

2 Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Doctors - Acquisition of specialist qualifications - Obligation to provide remuneration during training - Whether directly effective - No direct effect - Obligations of national courts

(Council Directives 75/363, Art. 2(1)(c) and Annex, point 1, and 82/76)

3 Community law - Rights conferred on individuals - Breach by a Member State of the obligation to implement a directive - Obligation to make good the damage caused to individuals - Scope - Retroactive application in full of the measures implementing the directive - Sufficient reparation - Conditions

Summary

1 The obligation to provide appropriate remuneration for periods of training in specialised medicine - laid down in Article 2(1)(c) of Directive 75/363 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors and in point 1 of the Annex thereto - applies only to medical specialties common to all Member States or to two or more Member States and listed in Articles 5 or 7 of Directive 75/362 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate effective exercise of the right of establishment and freedom to provide services, as amended by Directive 82/76.

2 The obligation to provide appropriate remuneration during periods of training in specialised medicine - laid down in Article 2(1)(c) of Directive 75/363 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors and in point 1 of the Annex thereto, as amended by Directive 82/76 - is unconditional and sufficiently precise in so far as it requires, for a medical specialist to be able to benefit from the system of mutual recognition established by Directive 75/362 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate effective exercise of the right of establishment and freedom to provide services, as amended by Directive 82/76, that, where his training is full-time in accordance with the requirements of the directives, it must be remunerated. That obligation in itself does not, however, enable the national court to determine which body is liable to pay the appropriate remuneration or the level thereof.

The national court is required, however, when it applies provisions of national law adopted either before or after a directive, to interpret them as far as possible in the light of the wording and the purpose of that directive.

3 Retroactive application in full of the measures implementing a directive enables the harmful consequences of belated transposition to be remedied, provided that the directive has been properly transposed. However, it is for the national court to ensure that reparation of the loss or damage sustained by the beneficiaries is adequate. Retroactive and proper application in full of the measures implementing the directive will suffice for that purpose unless the beneficiaries establish the existence of complementary loss sustained on account of the fact that they were unable to benefit at the appropriate time from the financial advantages guaranteed by the directive with the result that such loss must also be made good.