Judgment of the Court (Fifth Chamber) 16 May 2002 in Case C-232/99: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 93/16/EEC — Transposition of Articles 8 and 18 — Access to additional training for migrant doctors who wish to practise specialised medicine in the host Member State on the basis of a diploma, certificate or other evidence of formal qualifications of specialist doctors which is not the subject of automatic unconditional recognition under that directive — Obligation for migrant doctors in Spain to sit the standard competition for admission to training in specialised medicine — Requirement for affiliation to a public social security body for the settlement of accounts relating to medical services with an insurance body)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, freedom to provide services, physician, recognition of diplomas

C 169/2

EN

Official Journal of the European Communities

13.7.2002

JUDGMENT OF THE COURT

3. Orders the Commission of the European Communities and the

Kingdom of Spain to bear their own costs.

(Fifth Chamber)

16 May 2002

(1) OJ C 246 of 28.8.1999.

in Case C-232/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations —
Directive 93/16/EEC — Transposition of Articles 8 and 18
— Access to additional training for migrant doctors who
wish to practise specialised medicine in the host Member
State on the basis of a diploma, certificate or other evidence
of formal qualifications of specialist doctors which is not the
subject of automatic unconditional recognition under that
directive — Obligation for migrant doctors in Spain to sit
the standard competition for admission to training in
specialised medicine — Requirement for affiliation to a
public social security body for the settlement of accounts
relating to medical services with an insurance body)

(2002/C 169/02)

(Language of the case: Spanish)

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

In Case C-232/99, Commission of the European Communities
(Agents: I. Martı´nez del Peral and B. Mongin) v Kingdom of
Spain (Agent: N. Dı´az Abad): Application for a declaration
that, by failing to transpose correctly, within the prescribed
time-limit, Article 8 of 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 1993 L 165, p. 1) and by failing
to transpose Article 18 of that same directive, the Kingdom of
Spain has failed to fulfil its obligations under the provisions of
the EC Treaty and of that directive, 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
(Rapporteur) and M. Wathelet, Judges; C. Stix-Hackl, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 16 May 2002, in which it:

1. Declares that, by failing to transpose, within the prescribed
time-limit, Article 8 of Council Directive 96/13/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, the Kingdom of Spain has
failed to fulfil
its obligations under the provisions of that
directive;

2. Dismisses the remainder of the application;

JUDGMENT OF THE COURT

(Sixth Chamber)

16 May 2002

in Case C-321/99 P: Associaça˜ o dos Refinadores de Açu´ car
Portugueses (ARAP), Alcântara Refinarias — Açu´ cares
SA and Refinarias de Açu´ car reunidas SA (RAR) v
Commission of the European Communities (1)

(Appeal — State aid — Common agricultural policy —
Sugar — Aid granted in implementation of a general State
aid scheme approved by the Commission — Contribution by
a Member State to the financing of a project eligible for
the European Agricultural Guidance and Guarantee Fund,
Guidance Section — Aid for vocational training)

(2002/C 169/03)

(Language of the case: English)

In Case C-321/99 P, Associaça˜o dos Refinadores de Açu´ car
Portugueses (ARAP), established in Lisbon (Portugal), Alcântara
Refinarias — Açu´ cares SA, established in Santa Iria de Azo´ ia
(Portugal), and Refinarias de Açu´ car Reunidas SA (RAR),
established in Oporto (Portugal), represented by G. van der
Wal: Appeal against the judgment of the Court of First Instance
of the European Communities (Fourth Chamber, Extended
Composition) of 17 June 1999 in Case T-82/96 ARAP and
Others v Commission [1999] ECR II-1889, seeking to have
that judgment set aside, the other parties to the proceedings
being: Commission of the European Communities (Agent:
J. Macdonald Flett) and Portuguese Republic (Agents: S. Brasil
de Brito and L. Fernandes) and DAI — Sociedade de Desenvol-
vimento Agro-Industrial SA, established in Monte da Barca
(Portugal), represented by L. Sa´ragga Leal, D. Franco and
R. Oliveira, the Court (Sixth Chamber), composed of: N. Col-
neric, President of
the Second Chamber, acting for the
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet
(Rapporteur), R. Schintgen and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 16 May
2002, in which it: