Judgment of the Court (Fourth Chamber) of 10 May 2001 in Case C-285/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 89/48/EEC within the prescribed period — Recognition of diplomas giving access to the profession of psychologist)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, psychology, recognition of diplomas

14.7.2001

EN

Official Journal of the European Communities

C 200/17

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 10 May 2001

of 15 May 2001

in Case C-285/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 89/48/EEC within the prescribed
period — Recognition of diplomas giving access to the
profession of psychologist)

(2001/C 200/29)

(Language of the case: French)

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

In Case C-285/00: Commission of the European Communities
(Agent: B. Mongin) v French Republic (Agents: J.-F. Dobelle
and C. Bergeot-Nunes) — application for a declaration that, by
its failure to enact
legislation specifically concerning the
recognition of diplomas giving access to the profession of
psychologist for the purpose of implementing, as regards that
profession, 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 (OJ
1989 L 19, p. 16), the French Republic has failed to fulfil its
obligations under that directive — the Court (Fourth Chamber),
composed of: A. La Pergola, President of
the Chamber,
D.A.O. Edward (Rapporteur) and C.W.A. Timmermans, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, for the
Registrar, has given a judgment on 10 May 2001, in which it:

1. Declares that, by its failure to enact legislation specifically
concerning the recognition of diplomas giving access to the
profession of psychologist for the purpose of implementing, as
that profession, Council Directive 89/48JEEC of
regards
21 December 1988 on a general system for the recognition of
higher-education diplomas awarded on completion of pro-
fessional education and training of at least three years’ duration,
the French Republic has failed to fulfil its obligations under
that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 259 of 9.9.2000.

in Case C-34/99 (reference for a preliminary ruling from
the House of Lords): Commissioners of Customs and
Excise v Primback Ltd (1)

(Value added tax — Sixth Directive 77/388/EEC — Taxable
amount — Retail credit sales of goods — Credit granted by
a person other than the seller and at no cost to the customer
— Payment by finance company to the seller of less than the
price of the goods)

(2001/C 200/30)

(Language of the case: English)

In Case C-34/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the House of Lords
(United Kingdom) for a preliminary ruling in the proceedings
pending before that court between Commissioners of Customs
and Excise and Primback Ltd — on the interpretation of
Article 11A(1)(a) of Sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value
added tax: uniform basis of assessment (OJ 1977 L 145, p. 1)
— the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, V. Skouris (Presidents of Cham-
bers), D.A.O. Edward, J.-P. Puissochet, L. Sevo´ n, R. Schintgen
(Rapporteur) and N. Colneric,
Judges; S. Alber, Advocate
General; H. von Holstein, Deputy Registrar, for the Registrar,
has given a judgment on 15 May 2001, in which it has ruled:

On a proper construction of Article 11A(1)(a) of Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation of
the laws of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment, where a
supply of goods for consideration has the following features:

— a retail trader sells goods in return for payment of the advertised
price which he invoices to the purchaser and which does not
vary according to whether the customer pays in cash or by way
of credit;

— should the purchaser so request, the acquisition of the goods is
financed by the provision to him of interest-free credit by a
finance company distinct from the seller;