Order of the Court (Seventh Chamber) of 21 January 2008 – Mayeur v Ministère de la Santé et des Solidarités

(Case C‑229/07)

Article 104(3) of the Rules of Procedure – Article 23 of Directive 2004/38/EC of the European Parliament and of the Council – Freedom of establishment – Recognition of diplomas, qualifications and experience – Situation of a national of a non-member State, the holder of a degree in medicine issued by that non-member State and recognised by a Member State, wishing to obtain authorisation to practise her profession as a doctor in another Member State where she resides lawfully with her spouse, a national of the latter Member State

Freedom of movement for persons – Workers – Right of members of the family to take paid employment – Community legislation – Inapplicable in a situation which is purely internal to a Member State (European Parliament and Council Directive No 2004/38, Art. 23) (see paras 15, 19-20)

Re:

Reference for a preliminary ruling – Tribunal administratif de Paris – Interpretation of Article 23 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigenda OJ 2004 L 229, p. 35, and OJ 2005 L 197, p. 34) – Mutual recognition of diplomas and freedom of establishment – Obligation to take account of all the diplomas, certificates and other evidence of formal qualifications and of the relevant experience of the person concerned – Situation of a national of a non-member State, the holder of a degree in medicine issued by that non-member State and recognised by a Member State, wishing to obtain authorisation to practise her profession as a doctor in another Member State where she resides lawfully with her spouse, a Community national.

Operative part:

Article 23 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC does not preclude a Member State from refusing to allow a national of a non-Member State, who is married to a Community national who has not exercised his right to freedom of movement, to rely on the Community rules relating to the mutual recognition of diplomas and to the freedom of establishment, and does not require the competent authorities of the Member State, from which authorisation to practise a regulated profession is sought, to take into consideration all the diplomas, certificates and other evidence of formal qualifications, even if they were obtained outside the European Union, unless they have been recognised in another Member State, and the relevant experience of the person concerned, by comparing the specialised knowledge and abilities certified by those diplomas and that experience with the knowledge and qualifications required by the national rules.