Judgment of the Court (Fifth Chamber) of 23 November 2000 in Case C-421/98: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Articles 2 and 10 of Directive 85/384/EEC — Restrictions on the exercise of activities as an architect according to the definition of the profession in the Member State in which the relevant qualification was obtained)
Date: 2001-03-24
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, migrant worker, recognition of diplomas, town-planning profession

24.3.2001

EN

Official Journal of the European Communities

C 95/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 23 November 2000

in Case C-421/98: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations —
Articles 2 and 10 of Directive 85/384/EEC — Restrictions
on the exercise of activities as an architect according to the
definition of the profession in the Member State in which
the relevant qualification was obtained)

(2001/C 95/01)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-421/98, Commission of the European Communities
(Agents: I. Martı´nez del Peral and M. B. Mongin) v Kingdom of
Spain (Agent: M. Lo´ pez-Monı´s Gallego) — application for a
declaration that, by providing, in Article 10(2) of Real Decreto
1081/1989 of 28 August 1989 (Boletı´n Oficial del Estado
No 214 of 7 September 1989, p. 28449), that holders of
qualifications in architecture awarded by another Member
State and recognised under Council Directive 85/384/EEC of
10 June 1985 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 (OJ 1985 L 223, p. 15) ‘may not pursue in Spain
activities other than those which they are authorised to pursue
in their country of origin on the basis of the qualifications
awarded by the latter, unless they collaborate with another
member of the profession who is authorised to pursue those
activities and who holds a qualification which is likewise
recognised under Spanish law’, the Kingdom of Spain has
failed to fulfil its obligations under Articles 2 and 10 of that
directive — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, D.A.O. Edward (Rappor-
teur) and P. Jann, Judges, S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 23 November 2000, in
which it:

1. Declares that, by providing, in Article 10(2) of Real Decreto
1081/1989 of 28 August 1989,
that persons holding
qualifications in architecture awarded by another Member State
and recognised under Council Directive 85/384/EEC of 10 June
1985 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, may not pursue
in Spain activities other than those which they are authorised to
pursue in their country of origin on the basis of the qualifications
awarded by the latter, unless they collaborate with another
member of the profession who is authorised to pursue those
activities and who holds a qualification which is likewise
recognised under Spanish law, the Kingdom of Spain has failed
to fulfil its obligations under Articles 2 and 10 of that directive;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 20 of 23.1.1999.