Judgment of the Court (Fifth Chamber) 21 March 2002 in Case C-298/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 85/384/EEC — Mutual recognition of formal qualifications in architecture — Access to the profession of architect — Article 59 of the EC Treaty (now, afteramendment, Article 49 EC))
Date: 2002-05-18
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, architecture, recognition of diplomas, right of establishment

C 118/4

EN

Official Journal of the European Communities

18.5.2002

1. Dismisses the application;

2. Orders the Kingdom of the Netherlands to pay the costs;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

21 March 2002

in Case C-298/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 85/384/EEC — Mutual recognition of formal
qualifications in architecture — Access to the profession of
architect — Article 59 of the EC Treaty (now, afteramend-
ment, Article 49 EC))

(2002/C 118/06)

(Language of the case: Italian)

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

(1) by failing to adopt all

the measures necessary to
implement Articles 4(1), second subparagraph, 4(2), 7,
11 and 14 of Council Directive 85/384/EEC of 10 June
1985 on the mutual recognition of diplomas, certificates
and other evidence of formal qualifications in architec-
ture, including measures to facilitate the effective exercise
of the right of establishment and freedom to provide
services (OJ 1985 L 223, p. 15), as amended by Council
Directive 86/17/EEC of 27 January 1986 amending, on
account of the accession of Portugal, Directive 85/384
(OJ 1986 L 27, p. 71, and — corrigendum — L 87,
p. 36);

(2) by adopting

— Article 4(2)(a) of Legislative Decree No 129 of the
President of
the Republic of 27 January 1992
(GURI No 41 of 19 February 1992, p. 18) and
Article 4(1)(a) of Decree No 776 of the Minister
for Universities and Scientific and Technological
Research of 10 June 1994 (GURI No 234 of
6 October 1995, p. 3), which impose a general
obligation to produce the original diploma or a
certified copy thereof,

— Article 4(2)(c) of Decree No 129/92 and
Article 4(1)(c) of Decree No 776/94, which impose
a general obligation to produce a certificate of
nationality,

— Article 4(3) of Decree No 129/92 and Article 10 of
Decree No 776/94, which require as a matter of
course an official translation of documents,

— Article 11(1)(c) and (d) of Decree No 129/92, which
extends the validity of certificates beyond 5 August
1987;

(3) by prohibiting architects providing services in Italy from
having an infrastructure in Italy (Article 9(1) of Decree
No 129/92);

(4) by requiring architects providing services to register with
the local provincial council of the professional body for
architects
(Article 9(3) of Decree No 129/92 and
Articles 7 and 8 of Decree No 776/94) in a manner
contrary to Article 22 of Directive 85/384, and

(5) by applying Article 4(6) to 4(8) of Decree No 129/92 in
a manner contrary to Article 20(1) of Directive 85/384,
the Italian Republic has failed to fulfil
its obligations
under Articles 12, 20, 22, 27 and 31 of Directive 85/384
and, in respect of point 3 above, under Article 59 of the
EC Treaty (now, after amendment, Article 49 EC),

In Case C-298/99, Commission of the European Communities
(Agents: E. Traversa and E. Montaguti) v Italian Republic
(Agent: U. Leanza, assisted by G. Aiello): Application for a
declaration that:

the Court (Fifth Chamber), composed of: P. Jann, President of
the Chamber, S. von Bahr, D.A.O. Edward (Rapporteur), A. La
Pergola and C.W.A. Timmermans, Judges; S. Alber, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 21 March 2002, in which it:

18.5.2002

EN

Official Journal of the European Communities

C 118/5

1. Declares that:

— by failing to adopt all the measures necessary to implement
Articles 4(1), second subparagraph, 4(2), 11(k), seventh
indent, and 14 of 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, as amended by Council Directive 86/17/
EEC of 27 January 1986 amending, on account of the
accession of Portugal, Directive 85/384,

— by failing to adopt all the measures necessary to implement
the automatic recognition of diplomas, certificates and
other evidence of formal qualifications in accordance with
Articles 2, 3, 7, 8 and 9 of Directive 85/384,

— by adopting Article 4(2)(a) of Legislative Decree No 129
of the President of the Republic of 27 January 1992
which, in breach of Articles 52 and 59 of the EC Treaty
(now, after amendment, Articles 43 EC and 49 EC), lays
down a general requirement that
the application for
recognition of a qualification be accompanied by the
original diploma or a certified copy thereof,

— by adopting Article 4(2)(c) of Decree No 129/92 and
Article 4(1)(c) of Decree No 776 of the Minister for
Universities and Scientific and Technological Research of
10 June 1994 which, in breach of Article 52 of the
Treaty, lay down a general requirement that the appli-
cation for recognition of a qualification be accompanied
by a certificate of nationality,

— by adopting Article 4(3) of Decree No 129/92 and
Article 10 of Decree No 776/94 which, in breach of
Article 52 of the Treaty, require as a matter of course an
official
translation of all documents attached to an
application for recognition of a qualification,

— by requiring, under Article 9(3) of Decree No 129/92
and Articles 7 and 8 of Decree No 776/94, architects
established in other Member States who wish to provide
services in Italy to register with the local provincial council
of the professional body for architects and by delaying, by
that formality, in breach of Article 22 of Directive 85/
384, the provision by architects of their first services in
Italy,

the Italian Republic has failed to fulfil its obligations under
Articles 12, 22, 27 and 31 of Directive 85/384 and, in
respect of the prohibition under Article 9(1) of Decree No 129/
92, under Article 59 of the Treaty;

2. Dismisses the application as to the remainder;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

19 March 2002

in Joined Cases C-393/99 and C-394/99 (Reference for a
preliminary ruling from the Tribunal du travail de Tour-
nai): Institut national d’assurances sociales pour travail-
leurs indépendants (Inasti) v Claude Hervein, Hervillier
SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/
99) (1)

(Freedom of movement for workers and freedom of establish-
ment — Social security — Determination of the legislation
applicable — Persons who are simultaneously employed and
self-employed in the territory of different Member States —
Cover by the social security legislation of each of those States
— Validity of Article 14c(1)(b), now Article 14c(b), of and
Annex VII to Regulation (EEC) No 1408/71)

(2002/C 118/07)

(Language of the case: French)

— by adopting Article 11(1)(c) and (d) of Decree No 129/
92 which, in breach of Article 12 of Directive 85/384,
provides for the recognition of qualifications acquired after
5 August 1987,

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

— by retaining Article 9(1) of Decree No 129/92 which, in
breach of Article 59 of the Treaty, imposes a general
prohibition on architects established in other Member
States who wish to provide services in Italy from creating
on Italian territory a principal or secondary place of
business,

In Joined Cases C-393/99 and C-394/99: Reference to the
Court under Article 234 EC by the Tribunal du travail, Tournai
(Belgium), for a preliminary ruling in the proceedings pending
before that court between Institut national d’assurances socia-
les pour travailleurs indépendants (Inasti) and Claude Hervein,
Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA
(C-394/99), on the validity of Article 14c(1)b, now
to Regulation (EEC)
Article 14c(b), of and Annex VII