Keywords

Summary



Keywords

1. Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Architects - Recognition of diplomas and qualifications - Compilation of national lists of diplomas and qualifications which must be recognised automatically - Obligations of Member States

(Council Directive 85/384, Art. 7)

2. Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Restrictions - Requirement that an application for recognition of a qualification issued in another Member State be accompanied by the original diploma or a certified copy - Justification - Not justified

(EC Treaty, Arts 52 and 59 (now, after amendment, Arts 43 EC and 49 EC))

3. Freedom of movement for persons - Freedom of establishment - Restrictions - Obligation to submit a certificate of nationality and to provide certified translations of the relevant documents relating to the recognition of a qualification issued in another Member State - Justification - Not justified

(EC Treaty, Art. 52 (now, after amendment, Art. 43 EC))

4. Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Architects - Recognition of diplomas and qualifications - Diplomas or qualifications giving access to practise as an architect under acquired rights - Transitional period expiring at the end of the period for transposition of Directive 85/384

(Council Directive 85/384, Arts 3, 4 and 12)

5. Freedom to provide services - Restrictions - Member State prohibiting architects established in other Member States and practising in the first Member State from having the infrastructure needed - Not permissible

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC))

Summary

1. It is true that Article 7 of Directive 85/384 on the mutual recognition of qualifications in architecture does not expressly require Member States to set out, in a national list of the qualifications to be accorded automatic recognition, the diplomas, certificates and other evidence of formal qualifications included in the lists published by the Commission pursuant to Article 7(2). However, the transposition of a directive into national law must effectively guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts. That condition is of particular importance where the directive in question is intended to confer rights on nationals of other Member States, for whom it is essential to be able to identify the qualifications which must be accorded automatic recognition by the host Member State.

( see paras 27-29, operative part 1 )

2. The requirement laid down in general terms by a Member State that the application for recognition of a qualification issued in another Member State be accompanied by the original diploma or a certified copy thereof constitutes an impediment to the freedom of establishment and to the freedom to provide services enshrined in Articles 52 and 59 of the Treaty (now, after amendment, Articles 43 and 49 EC), in that it gives rise to additional obstacles for all applicants, having regard to the risk of the original diploma being lost or of possible delay on the part of the Member State of origin in awarding that diploma, and the additional steps and costs resulting from the procedures for certifying true copies of original diplomas.

Whilst it is true that the Member States are entitled, for overriding reasons in the public interest, to require evidence that such a diploma exists, that requirement is clearly disproportionate, in that it precludes any other form of evidence which might establish with the same degree of certainty the existence of the diploma in question, such as a certified statement or recognition of the applicant's diploma by the authorities or professional organisations of the Member State of origin.

( see paras 37-39, operative part 1 )

3. In the context of a recognition of a qualification issued in another Member State the obligation laid down by the host Member State to submit a certificate of nationality and to provide certified translations of all documents relating to the application for recognition cannot be regarded as necessary or be justified by overriding reasons in the public interest and is therefore incompatible with Article 52 of the Treaty (now, after amendment, Article 43 EC).

( see paras 45-46, operative part 1 )

4. Article 12 of Directive 85/384 on the mutual recognition of qualifications in architecture, which provides for an exception to the minimum training requirements defined in Articles 3 and 4 of the directive by stipulating that each Member State must accord the title of architect to persons to whom another Member State has issued a certificate stating that, at the time when the directive was implemented, they were entitled to bear that title in that other Member State, even though such persons do not fulfil those minimum requirements must be interpreted as meaning that the implementation of the directive refers to the date by which, at the latest, that directive was to be implemented. It follows that a Member State which has been late in implementing the directive may not extend the transitional period provided for in Article 12.

( see paras 47, 51-52, operative part 1 )

5. The general prohibition by a Member State against architects established in other Member States who wish to provide services in the first Member State establishing on its territory a principal or secondary place of business is incompatible with Article 59 of the Treaty (now, after amendment, Article 49 EC) in so far as it prevents a provider of services established in another Member State from equipping himself, in the first Member State, with the infrastructure necessary for the purposes of the services in question. The fact that a provision of services is temporary does not mean that the provider of services within the meaning of the Treaty may not equip himself with some form of infrastructure in the host Member State (including an office, chambers or consulting rooms) in so far as such infrastructure is necessary for the purposes of performing the services in question.

( see paras 56-57, operative part 1 )