Case C-110/01: Reference for a preliminary ruling by the French Conseil d'État, judicial section, by judgment of that court of 29 January 2001 in the case of Malika Tennah-Durez against the Conseil National de l'Ordre des Médecins
Date: 2001-04-21
Institutions: Court of Justice
Subjects: interpretation of the law, physician, recognition of diplomas, right of establishment, university, vocational training

C 118/22

EN

Official Journal of the European Communities

21.4.2001

Reference for a preliminary ruling by the French Conseil
d’E´ tat,
judicial section, by judgment of that court of
29 January 2001 in the case of Malika Tennah-Durez
against the Conseil National de l’Ordre des Médecins

Removal from the register of Case C-343/99 (1)

(2001/C 118/37)

(Case C-110/01)

(2001/C 118/36)

By order of 25 July 2000 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-343/99: Kingdom of the Netherlands v
Commission of the European Communities.

(1) OJ C 352 of 4.12.1999.

Reference has been made to the Court of Justice of the
European Communities by judgment of the French Conseil
d’E´ tat (Council of State), judicial section, of 29 January 2001,
received at the Court Registry on 9 March 2001,
for a
preliminary ruling in the case of Malika Tennah-Durez against
the Conseil National de l’Ordre des Médecins (National Council
of the Medical Association) on the following questions:

1. Are the provisions of Article 23(2) of Council Directive
93/16/EEC of 5 April 1993 (1) relating to the period of
medical training that a doctor who is a national of a
Member State must have completed, comprising at least
a six-year course or 5 500 hours of theoretical and
practical instruction given in a university or under the
supervision of a university, to be understood as meaning
training completed, in its entirety, only in a university of
a Member State of the Community or under the super-
vision of such a university, or do they allow all or part of
any training received in a third country to be taken into
account?

2. Are the national authorities bound by the certificate
provided, pursuant to Article 9(5) of the directive, by the
competent authorities of the Member State in which the
diploma submitted by the person concerned was awarded,
which states that the diploma is treated as one of the
qualifications or designations set out in Article 3, 5 or 7
of the directive and was awarded following training in
accordance with the provisions of Title III thereof, or may
they make their own assessment of the said certificate
in the light of,
in particular, the minimum training
requirements prescribed by the directive and required by
national legislation in order, in some circumstances, to
consider whether, despite the terms of the certificate so
issued, the training received by the person concerned
meets the requirements of the directive?

(1) Council Directive 93/16/EEC of 5 April 1993 to facilitate the free
movement of doctors and the mutual recognition of
their
diplomas, certificates and other evidence of formal qualifications
(OJ L 165, 7.7.1993, p. 1).

Removal from the register of Case C-157/98 (1)

(2001/C 118/38)

By order of 2 August 2000 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-157/98: Kingdom of the Netherlands v
Commission of the European Communities.

(1) OJ C 258 of 15.8.1998.

Removal from the register of Case C-410/99 (1)

(2001/C 118/39)

By order of 2 August 2000 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-410/99: (reference for a preliminary
ruling from Kantongerecht
te Groningen): Kamer van
Koophandel en Fabrieken voor Groningen v Challenger Trad-
ing Company Ltd.

(1) OJ C 20 of 22.1.2000.