WRITTEN QUESTION E-2499/97 by Nana Mouskouri (PPE) to the Commission (18 July 1997)

Subject: Recognition of professional training - Directive 92/51/EEC

Will the Commission provide information concerning the transposition by Greece of Council Directive 92/51/EEC ((OJ L 209, 24.7.1992, p. 25. )) on a second general system for the recognition of professional education and training, which supplements Directive 89/48/EEC ((OJ L 19, 24.1.1989, p. 16. )), and the Commission's amending Directives 94/38 ((OJ L 217, 23.8.1994, p. 8. )) and 95/43 ((OJ L 184, 3.8.1995, p. 21. )), given that the delay in the transposition of these directives affects the right of freedom of movement of persons and services within the Union?

Answer given by Mr Monti on behalf of the Commission (22 September 1997)

The Commission is aware of the continuing problems regarding the recognition in Greece of qualifications obtained in another Member State and very much deplores them. It has consequently spared no effort in its attempts to rectify the situation. The Commission recognises, with the Honourable Member, that this deplorable situation affects the right of freedom of movement of persons within the Community. It receives a steady stream of complaints, mostly via the Committee on Petitions, from Community nationals who have been penalised. Most of the complainants are in fact Greek nationals who have obtained their qualifications in another Member State.

A number of steps have been taken, mainly through infringement proceedings, in an attempt to force Greece to fulfil its obligations under the Treaty, EU Directives and Court of Justice case law.

Greece's failure to adopt national measures implementing Council Directive 89/48/EEC of 21 December 1988 (on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration) within the time allowed, led to infringement proceedings culminating in a Court of Justice judgment against Greece (judgment of 23 March 1995, Case C-365/93 Commission v Greece). In the opinion of the Court, Greece should have adopted the national implementing legislation necessary to comply with this Directive and should therefore have designated a competent administrative department to process applications for recognition. However, Greece's failure to do this, as noted by the Court, did not justify the national authorities' failure to comply with its obligations under this Directive, since this instrument conferred certain rights on individuals which they were entitled to exercise in any Member State. Generally speaking, failure by a Member State to transpose a Community instrument within the time allowed may not in any circumstances relieve it of its obligations under the provision in question. The Commission has just sent a reasoned opinion under Article 171 of the EEC Treaty.

Infringement proceedings for failure to transpose Directive 92/51/EEC, which supplemented Directive 89/48/EEC, are also in progress. Unless Greece regularises the situation quickly the Commission will bring an action before the Court of Justice. The Commission will also bring an action before the Court concerning Directive 94/38/EEC. Finally, no implementing measure has been notified to the Commission in respect of

Directive 95/43/EC. Proceedings have begun. It is important to point out that, in accordance with Court of Justice case law (judgment of 19 November 1991 in joined cases C-6/90 Francovich v Italy and C-9/90 Bonifaci v Italy), Member States must make good any loss and damage caused to individuals by breaches of Community law for which they can be held responsible. Consequently, if a Member State has infringed Community law, the injured party may bring an action for damages before a national court.

This principle, established by the Francovich judgment, was reiterated and described in greater detail by the Court in its judgment of 5 March 1996 (joined cases C-46/93 Brasserie du pécheur and C-48/93 Factortame et al). In this judgment, the Court stated that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties.

In parallel to the proceedings in progress, contacts with the Greek authorities are continuing in an attempt to find solutions in the case of individuals who have had their application for recognition refused by the competent authorities.