Case C‑365/13

Ordre des architectes

v

État belge

(Request for a preliminary ruling from the Conseil d’État (Belgium))

‛Reference for a preliminary ruling — Directive 2005/36/EC — Articles 21 and 49 — Recognition of professional qualifications — Access to the profession of architect — Exemption from professional traineeship’

Summary — Judgment of the Court (Ninth Chamber), 30 April 2014

Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Scope of Directive 2005/36 — Access to the profession of architect — Professional traineeship or equivalent professional experience requirement of the host Member State — Not permissible

(European Parliament and Council Directive 2005/36, Arts 21, 46 and 49 and Annexes V and VI)

Articles 21 and 49 of Directive 2005/36 on the recognition of professional qualifications must be interpreted as precluding the host Member State from requiring the holder of a professional qualification obtained in the home Member State and listed in point 5.7.1 of Annex V, or in Annex VI, to that directive to undertake a traineeship, or to prove that he possesses equivalent professional experience, in order to be authorised to practise the profession of architect.

The system of automatic recognition of professional qualifications provided for, as regards the profession of architect, in Articles 21, 46 and 49 of Directive 2005/36 leaves the Member States no discretion. Accordingly, where a national of a Member State holds any of the formal qualifications and certificates set out in point 5.7.1 of Annex V or in Annex VI to that directive, he must be permitted to practise the profession of architect in another Member State, without the latter being able to require him to obtain additional professional qualifications or to prove that he has done so.

The preclusion of any additional requirements is all the more necessary as regards Directive 2005/36, as it strengthens the automatic nature of the recognition of professional qualifications, so far as concerns the profession of architect, as compared with Directive 85/384 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services. Under Article 23(1) of Directive 85/384, a Member State had the right to impose additional conditions as to practical training experience on holders of evidence of formal qualifications awarded by another Member State even though those qualifications received mutual recognition. Directive 2005/36 abolished that right without amending — in terms of changing the basic principle — the provisions relating to mutual recognition.

However, the proper working of the system for automatic mutual recognition provided for in Directive 2005/36 presupposes that the Member States have correctly transposed into national law not only Articles 21, 46 and 49 of Directive 2005/36, but also Annexes V and VI thereto.

(see paras 24-27, operative part)

Case C‑365/13

Ordre des architectes

v

État belge

(Request for a preliminary ruling from the Conseil d’État (Belgium))

‛Reference for a preliminary ruling — Directive 2005/36/EC — Articles 21 and 49 — Recognition of professional qualifications — Access to the profession of architect — Exemption from professional traineeship’

Summary — Judgment of the Court (Ninth Chamber), 30 April 2014

Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Scope of Directive 2005/36 — Access to the profession of architect — Professional traineeship or equivalent professional experience requirement of the host Member State — Not permissible

(European Parliament and Council Directive 2005/36, Arts 21, 46 and 49 and Annexes V and VI)

Articles 21 and 49 of Directive 2005/36 on the recognition of professional qualifications must be interpreted as precluding the host Member State from requiring the holder of a professional qualification obtained in the home Member State and listed in point 5.7.1 of Annex V, or in Annex VI, to that directive to undertake a traineeship, or to prove that he possesses equivalent professional experience, in order to be authorised to practise the profession of architect.

The system of automatic recognition of professional qualifications provided for, as regards the profession of architect, in Articles 21, 46 and 49 of Directive 2005/36 leaves the Member States no discretion. Accordingly, where a national of a Member State holds any of the formal qualifications and certificates set out in point 5.7.1 of Annex V or in Annex VI to that directive, he must be permitted to practise the profession of architect in another Member State, without the latter being able to require him to obtain additional professional qualifications or to prove that he has done so.

The preclusion of any additional requirements is all the more necessary as regards Directive 2005/36, as it strengthens the automatic nature of the recognition of professional qualifications, so far as concerns the profession of architect, as compared with Directive 85/384 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services. Under Article 23(1) of Directive 85/384, a Member State had the right to impose additional conditions as to practical training experience on holders of evidence of formal qualifications awarded by another Member State even though those qualifications received mutual recognition. Directive 2005/36 abolished that right without amending — in terms of changing the basic principle — the provisions relating to mutual recognition.

However, the proper working of the system for automatic mutual recognition provided for in Directive 2005/36 presupposes that the Member States have correctly transposed into national law not only Articles 21, 46 and 49 of Directive 2005/36, but also Annexes V and VI thereto.

(see paras 24-27, operative part)