Judgment of the Court (Second Chamber) of 5 June 2003 in Case C-121/01 P: Eoghan O'Hannrachain v European Parliament (Appeals — Officials — Grade A 1 post — Article 29(2) of the Staff Regulations — Notice of vacancy — Documents drawn up after the contested decision)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: European official, General Court (EU), action for annulment (EU), professional qualifications, promotion, regulations for civil servants

2.8.2003

EN

Official Journal of the European Union

C 184/5

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 June 2003

of the directive and was awarded following training in accor-
dance with the provisions of Title III thereof. In the event of
new factors coming to light which give rise to serious doubts as
to the authenticity of the diploma submitted to them or as to
whether it complies with the applicable rules,
it is permissible
for them to re-open the matter of verification with the autho-
rities of the Member State awarding the relevant diploma.

in Case C-110/01 (Reference for a preliminary ruling from
the Conseil d'État): Malika Tennah-Durez v Conseil
national de l'ordre des médecins (1)

(1) OJ C 118, 21.4.2001.

(Directive 93/16/EEC — Free movement of doctors and
mutual recognition of their diplomas, certificates and other
evidence of formal qualifications — Article 23(2) — Condi-
tions of training required — Length of training — Inclusion
of periods of training received in a third country — Article 9
(5) — Certificate stating that
the diploma was awarded
following training complying with the requisite conditions
— Re-examination of the conditions of training by the host
Member State for the purposes of recognising the diploma)

(2003/C 184/08)

(Language of the case: French)

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

In Case C-110/01: Reference to the Court under Article 234
EC by the Conseil d'État (France) for a preliminary ruling in
the proceedings pending before it between Malika Tennah-
Durez and Conseil national de l'ordre des médecins, on the
interpretation of Article 9(5) and Article 23(2) 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 qualifica-
(Fifth Chamber),
tions (OJ 1993 L 165, p. 1),
composed of: C.W.A. Timmermans, President of
the Fourth
Chamber, acting as President of
the Fifth Chamber, D.A.
O. Edward (Rapporteur), P. Jann, S. von Bahr and A. Rosas,
Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal
Administrator,
the Registrar, has given a judgment on
19 June 2003, in which it has ruled:

the Court

for

1.

recognition of

training required by Article 23(2) of Council
The medical
Directive 93/16/EEC of 5 April 1993 to facilitate the free
movement of doctors and the mutual
their
diplomas, certificates and other evidence of formal qualifications
may comprise training received even mainly in a third country,
the Member State
provided that
awarding the diploma is in a position to validate the training
and to conclude on that basis that it duly serves to meet the
requirements
laid down by the
directive.

the competent authority of

the training of doctors

for

JUDGMENT OF THE COURT

(Second Chamber)

of 5 June 2003

in Case C-121/01 P: Eoghan O'Hannrachain v European
Parliament (1)

(Appeals — Officials — Grade A 1 post — Article 29(2) of
the Staff Regulations — Notice of vacancy — Documents
drawn up after the contested decision)

(2003/C 184/09)

(Language of the case: French)

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

In Case C-121/01 P, Eoghan O'Hannrachain, official of
the
European Parliament, residing in Cents (Luxembourg), repre-
sented by G. Vandersanden and L. Levi, avocats: Appeal against
the judgment of the Court of First Instance of the European
Communities (Fifth Chamber) of 16 January 2001 in Case
T-97/99 Chamier and O'Hannrachain v Parliament
[2001]
ECR-SC I-A-1 and II-1, seeking to have that judgment set aside
in part, the other party to the proceedings being: European
Parliament (Agents: J. Schoo, H. von Hertzen and D. Moore),
J.-P. Puissochet,
the Court
President of
the Sixth Chamber, acting for the President of
the Second Chamber, V. Skouris and N. Colneric (Rapporteur),
Judges; L.A. Geelhoed, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 5 June 2003,
in
which it:

(Second Chamber), composed of:

1. Dismisses the appeal;

2. Orders Mr O'Hannrachain to pay the costs.

2.

the host Member State are bound by a
The authorities of
certificate,
issued in accordance with Article 9(5) of Directive
93/16, which states that the relevant diploma is treated as one
of the qualifications or designations set out in Article 3, 5 or 7

(1) OJ C 150, 19.5.2001.