Opinion of Mr Advocate General Ruiz-Jarabo Colomer delivered on 23 February 1999. - Commission of the European Communities v French Republic. - Failure by a Member State to fulfil obligations - Failure to transpose Directive 89/594/EEC. - Case C-250/98.



European Court reports 1999 Page I-02447



Opinion of the Advocate-General

1 By this action the Commission seeks from the Court of Justice a declaration that the French Republic has failed to fulfil its obligations under Community law, in particular Directive 89/594/EEC on the mutual recognition of qualifications as doctors, nurses, dental practitioners, veterinary surgeons and midwives (1) (`the Directive'). More specifically, the Commission complains that France has failed to transpose into national law the amendments introduced by Articles 18 and 19 of the Directive to the rules concerning the recognition of diplomas, certificates and other evidence of formal qualifications necessary to exercise the profession of veterinary surgeon. The Commission likewise seeks an order for costs against the defendant.

2 Under Article 28 of the Directive, Member States were to adopt the measures necessary to comply with the Directive by 8 May 1991 and to inform the Commission thereof forthwith.

3 On 18 September 1990, the French Ministry of Solidarity, Health and Social Protection notified to the Commission the measures which had been adopted in order to transpose the provisions of the Directive relating to the professions of doctor, dental practitioner, nurse and midwife.

4 By letter of formal notice of 11 October 1993, the Commission called upon the French Government, under Article 169 of the Treaty, to submit its observations on the alleged infringement of its obligation to transpose into its national law the provisions of the Directive relating to the profession of veterinary surgeon, namely Articles 16 to 20.

5 By letter of 4 May 1994, the French authorities sent the Commission the text of a decree, adopted on 26 February 1991, concerning certain amendments in connection with the exercise of the profession of veterinary surgeon.

6 The Commission took the view that it had received no information regarding the transposition of Articles 18 and 19 of the Directive, and sent a reasoned opinion to the French Government on 22 January 1996.

7 On 29 July 1996, the French authorities notified to the Commission a draft law amending French Law No 82-899 of 20 October 1982 concerning the exercise of the profession of veterinary surgeon. In the Commission's own words, if that draft had been adopted, France would have fully complied with its obligations under the Directive. However, the legislative process was interrupted by the dissolution of the French Parliament, decreed by the President of the Republic on 21 April 1997.

8 On 8 July 1998, the Commission had received no information regarding the measures which France was required to adopt under Articles 18 and 19 of the Directive, and accordingly initiated the present proceedings.

9 In its observations before the Court of Justice, the French Government does not dispute that Articles 18 and 19 have not yet been transposed, but states that a new draft law, identical to the one whose enactment was interrupted, is to be submitted to Parliament in the near future.

10 The only conclusion to be drawn from all the foregoing is that the French Republic has indeed failed to fulfil its obligations as claimed by the Commission.

11 The costs of these proceedings must be borne by the defendant pursuant to Article 69(2) of the Rules of Procedure.

Conclusion

12 I propose that the Court of Justice should allow the application and:

(1) declare that, by failing to adopt within the prescribed period the measures necessary to transpose into national law Articles 18 and 19 of Council Directive 89/594/EEC of 30 October 1989 amending Directives 75/362/EEC, 77/452/EEC, 78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 80/155/EEC concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors, veterinary surgeons and midwives, the French Republic has failed to fulfil its obligations under Article 169 of the EC Treaty;

(2) order the French Republic to pay the costs.

(1) - Council Directive 89/594/EEC of 30 October 1989 amending Directives 75/362/EEC, 77/452/EEC, 78/686/EEC 78/1026/EEC and 80/154/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 80/155/EEC concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors, veterinary surgeons and midwives (OJ 1989 L 341, p. 19).