Judgment of the Court (Fifth Chamber) of 29 November 2001 in Case C-202/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 78/687/EEC — Maintenance of a second system of training leading to entry to the profession of dentist — Maintenance of the possibility of dual registration in the register of doctors and in that of dentists for doctors mentioned in Article 19 of Directive 78/686/EEC)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, dentist, physician, recognition of diplomas

C 84/4

EN

Official Journal of the European Communities

6.4.2002

2.

The fact that, in concluding a collective agreement specific to
one undertaking, a domestic employer can pay wages lower
than the minimum wage laid down in a collective agreement
declared to be generally applicable, whilst an employer estab-
lished in another Member State cannot do so, constitutes an
unjustified restriction on the freedom to provide services.

1. Declares that, by providing for a second system of training
leading to entry to the profession of dentist, which does not
comply with Council Directive 78/687/EEC of 25 July 1978
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of the activities of
dental practitioners, the Italian Republic has failed to fulfil its
obligations under that directive.

(1) OJ C 204 of 17.7.1999.

2. Dismisses the remainder of the action.

3. Orders the Italian Republic and the Commission of

the

European Communities to pay their own costs.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 November 2001

in Case C-202/99: Commission of the European Communi-
ties v Italian Republic (1)

JUDGMENT OF THE COURT

(Failure by a Member State to fulfil its obligations —
Directive 78/687/EEC — Maintenance of a second system of
training leading to entry to the profession of dentist —
Maintenance of the possibility of dual registration in the
register of doctors and in that of dentists for doctors
mentioned in Article 19 of Directive 78/686/EEC)

(2002/C 84/06)

(Language of the case: Italian)

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

In Case C-202/99: Commission of the European Communities
(Agents: E. Traversa and B. Mongin) v Italian Republic (Agent:
U. Leanza, assisted by P. G. Ferri) — application for a
declaration that, by maintaining a second system of training
for entry into the dental profession, which is contrary to
Council Directive 78/687/EEC of 25 July 1978 concerning the
coordination of provisions laid down by law, regulation or
administrative action in respect of the activities of dental
practitioners (OJ 1978 L 233, p. 10), and by maintaining the
possibility for doctors who practise as dentists to be doubly
registered in the registers of medical and dental practitioners,
the Italian Republic has failed to fulfil its obligations under
that directive — the Court (Fifth Chamber), composed of:
P. Jann, President of the Chamber, D.A.O. Edward (Rappor-
teur), A. La Pergola, L. Sevo´ n and C.W.A. Timmermans, Judges;
P. Léger, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 29 November 2001, in
which it:

(Fifth Chamber)

of 29 November 2001

in Case C-221/99 (reference for a preliminary ruling from
the Giudice di Pace di Genova ): Giuseppe Conte v
Stefania Rossi (1)

(Architects’ fees — Summary procedure for the recovery of
debts — Opinion of the professional association — Articles 5
and 85 of the EC Treaty (now Articles 10 EC and 81 EC))

(2002/C 84/07)

(Language of the case: Italian)

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

In Case C-221/99: reference to the Court under Article 234
EC from the Giudice di Pace di Genova (Magistrate’s Court,
Genoa)
(Italy) for a preliminary ruling in the proceedings
pending before that court between Giuseppe Conte and
Stefania Rossi — on the interpretation of Articles 5 and 85 of
the EC Treaty (now Articles 10 EC and 81 EC) — the Court
(Fifth Chamber), composed of: S. von Bahr, President of the
Fourth Chamber, acting for the President of the Fifth Chamber,
D.A.O. Edward, A. La Pergola, M. Wathelet (Rapporteur) and
Judges; P. Léger, Advocate General;
C.W.A. Timmermans,
H. von Holstein, Deputy Registrar, for the Registrar, has given
a judgment on 29 November 2001, in which it has ruled: