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 for periods of 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 - Condition - Compliance, by trainee medical specialists, with the conditions for training set out in the annex to Directive 75/363

(Council Directives 75/362, Arts 5 and 7, 75/363, Arts 2(1)(c) and 3(2) and annex, points 1 and 2, 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 for periods of training - Whether directly effective - No direct effect - Obligations of national courts

(Council Directives 75/362, 75/363, Arts 2(1)(c) and 3(2) and annex, points 1 and 2, and 82/76)

Summary

1. The obligation to provide appropriate remuneration for periods of training in specialised medicine - laid down, so far as concerns full-time training, 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, as amended by Directive 82/76, and in point 1 of the annex to that directive and, so far as concerns part-time training, in Article 3(2) of that directive and point 2 of the annex thereto - is binding only in respect of the medical specialties which are common to all the Member States or to two or more of them and are mentioned in Article 5 or Article 7 of Directive 75/362 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 82/76, and only if the conditions for full-time training set out in point 1 of the annex to Directive 75/363 or those for part-time training, set out in point 2 of that annex, are complied with by the trainee medical specialists.

( see para. 45 and operative part )

2. The obligation to provide appropriate remuneration for periods of training in specialised medicine - laid down, so far as concerns full-time training, 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, as amended by Directive 82/76, and in point 1 of the annex to that directive and, so far as concerns part-time training, in Article 3(2) of that directive and point 2 of the annex thereto - 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 the 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 or part-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.

( see para. 45 and operative part )

3. Retroactive application in full of the measures implementing a directive enables the harmful consequences of its 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 have been 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.

( see para. 39 )