Case C-432/02: Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Lendinara by order of that Court of 29 October 2002 in the case of Dr Lucio Trombin against Insight World Education Systems Limited
Date: 2003-01-25
Institutions: Court of Justice
Subjects: free movement of persons, freedom to provide services, interpretation of the law, recognition of diplomas, right of establishment, vocational training

C 19/22

EN

Official Journal of the European Communities

25.1.2003

Pleas in law and main arguments

Pleas in law and main arguments

The system of quality labels introduced by the Regions of
Abruzzi and Sicily reserves the use of such labels solely to
products processed or prepared within those regions which
comply with mandatory manufacturing rules. The quality of
the products concerned is therefore explicitly linked to their
place of origin in Abruzzi or Sicily, which serves to create in
the mind of the consumer the impression that products from
those regions are of a quality superior to that of others. The
use of that designation tends therefore to encourage consumers
to purchase such products rather than imported products,
stimulating their sale to the detriment of products from other
Member States.

It follows that the system of quality labels introduced by the
Regions of Abruzzi and Sicily constitutes a barrier to intra-
Community trade contrary to Article 28 EC.

Action brought on 29 November 2002 by the Com-
mission of the European Communities against the United
Kingdom

(Case C-431/02)

(2003/C 19/38)

Article 10(1) of the Directive, as amended by Council Directive
94/31/EC (2) of 27 June 1994 amending Directive 91/689/EEC
on hazardous waste, requires Member States to bring into
force the laws, regulations and administrative provisions
necessary to comply with that Directive by 27 June 1995, and
to inform the Commission forthwith. Article 10(3) of the
Directive provides that Member States shall communicate to
the Commission the texts of the main provisions of national
law which they adopt in the field governed by the Directive.

As a result of an assessment of the national
legislation
communicated, the Commission found the existence of a
number of inconsistencies and gaps in the United Kingdom’s
transposition. As the United Kingdom authorities have not
communicated any amending legislation designed to remedy
the situation, except for a draft concerning Gibraltar which
has not yet been adopted, the Commission concludes that the
United Kingdom has failed to transpose correctly Articles 1(4),
1(5), 2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
and 5(2) of the Directive.

(1) OJ L 377, 31.12.1991, p. 20.
(2) OJ L 168, 2.7.1994, p. 28.

Reference for a preliminary ruling by the Ufficio del
Giudice di Pace di Lendinara by order of that Court of
29 October 2002 in the case of Dr Lucio Trombin against
Insight World Education Systems Limited

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 29 Novem-
ber 2002 by the Commission of the European Communities,
represented by Xavier Lewis and Minas Konstantinidis, acting
as agents, with an address for service in Luxembourg.

(Case C-432/02)

(2003/C 19/39)

The Applicant claims that the Court should:

1)

declare that, by failing to adopt all the measures necessary
to comply with its obligations under Articles 1(4), 1(5),
2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
and 5(2) of Council Directive 91/689/EEC on hazardous
waste (1), the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil its obligations under
this Directive and under the Treaty establishing the
European Community;

2)

order the United Kingdom to pay the costs.

Justice of the
Reference has been made to the Court of
European Communities by order of the Ufficio del Giudice di
Pace di Lendinara (Office of the Lendinara Magistrate) of
29 October 2002, received at the Court Registry on 29 Novem-
ber 2002, for a preliminary ruling in the case of Dr Lucio
Trombin against Insight World Education Systems Limited on
the following questions:

1. Are the rules or administrative practices of the national
legal order, such as those described at points III and IV
hereof, compatible with the principles of the EC Treaty
concerning the free movement of persons (Article 39 et

25.1.2003

EN

Official Journal of the European Communities

C 19/23

seq EC), the right of establishment (Article 43 et seq. EC)
and freedom to provide services (Article 49 et seq. EC), as
interpreted by the Court of Justice. Of particular relevance
in that regard are national rules and/or administrative
practices which:

nationals on the basis of periods of study completed
with foreign institutions operating in Italy even
though they are approved and accredited by the
competent public authorities in the Member State to
which they belong;

— impede the Italian establishment of a limited com-
pany whose principal business is in the United
Kingdom from carrying on in the host state the
business of organising and administering courses of
study for preparation for university examinations,
for which the company is duly authorised and
accredited by the United Kingdom public auth-
orities?

— discriminate as between nationals pursuing the same

activities;

— prohibit and/or seriously impede the Italian estab-
lishment of that undertaking in obtaining, in another
Member State and for valuable consideration, the
services conducive to the pursuit of the abovemen-
tioned activity;

— discourage students from enrolling in those courses

of study;

— impede the professional training of enrolled students
and the obtaining of an award capable of conferring
on its holder advantages either in securing access to
a professional activity or in exercising it with greater
reward in other Member States as well.

2. On an interpretation — herein requested — of Article 2
of Council Directive 89/48/EC (1), does that directive
confer rights which may be relied on also before acqui-
sition of the degree mentioned in Article 1 of the directive
itself. If the reply to that question is affirmative, does the
directive itself, regard also being had to the judgment in
Case C-145/99 Commission v Italian Republic [2001] (2),
permit rules or administrative practices in the national
legal order which:

— make recognition of university degrees obtained on
three years’
training of at
least
to the discretion of the public

completion of
duration subject
authorities;

— require production of an attestation from the diplo-
matic representation — Italian consulate in the
foreign country in which the degree was awarded —
proving actual residence in that country by the
person concerned for the whole period of the
university studies;

— limit recognition of degrees ‘solely’ to pursuit of a
profession already pursued in the State of origin,
thus precluding recognition for the purposes of
access to a regulated profession even though not
previously exercised.

training’

3. What is the meaning and scope of the expression ‘harmful
interruption (...) of vocational
in Council
Decision 63/266/EEC (3) and does it cover the creation at
national level by the public authorities of a permanent
information which evidences that degrees
system of
awarded by a university, even though legally recognised
in the United Kingdom, cannot be recognised under
national legislation if they have been obtained on the
basis of periods of study completed in Italy.

(1) OJ L 19 of 24.1.1989, p. 16.
(2) OJ C 109 of 4.5.2002, p. 2.
(3) OJ 63 of 20.4.1963, p. 1338 (English special edition...: Series-I

(63-64) p. 25).

Action brought on 29 November 2002 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

(Case C-433/02)

(2003/C 19/40)

— grant recognition in Italy of degrees awarded by
universities recognised in the United Kingdom only
if completed after regular attendance for the whole
course of studies at
to the
exclusion therefore of degrees awarded to Italian

those universities,

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
29 November 2002 by the Commission of the European
Communities, represented by K. Banks, acting as Agent, with
an address for service in Luxembourg.