WRITTEN QUESTION P-3835/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Implementation of Directive 89/48/EEC.
Date: 2003-12-08
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, case-law (EU), lawyer, recognition of diplomas, recognition of vocational training qualifications

27.3.2004

EN

Official Journal of the European Union

C 78 E/327

On landing checks in Danish ports on non-Community vessels, the fishery policing rules enable the Danish
authorities to take rigorous action against landing of catches that have been made in breach of the rules
recognised internationally, by Norway and the Baltic countries alike, and we have no indication that the
Danish authorities do not make good use of the powers on these matters that the CFP gives them.

(1) COM(2002) 656 final.

(2004/C 78 E/0344)

WRITTEN QUESTION P-3835/03

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Implementation of Directive 89/48/EEC

(8 December 2003)

What action does the Commission intend to take in order to ensure that all EU Member States, including
Greece, implement Directive 89/48/EEC (1), bearing in mind also the recent judgements of the Court of
Justice of the European Communities in cases C-153/02 and C-313/01?

(1) OJ L 19, 24.1.1989, p. 16.

Answer given by Mr Bolkestein on behalf of the Commission

(15 January 2004)

In the Néri judgment (C-153/02) of 13 November 2003, the Court of Justice ruled that ‘an administrative
practice under which degrees awarded by a university of one Member State cannot be recognised in
another Member State when the courses of preparation for those degrees were provided in the latter
Member State by another educational establishment in accordance with an agreement made between the
two establishments, is incompatible with Article 43 EC’.

The issue at stake here is that of so-called ‘franchise agreements’.

The Commission has started several infringement proceedings, one against Italy and two against Greece, in
which one of the objections raised is the fact that degrees awarded under franchise agreements are not
recognised.

Another infringement proceeding is also under way against Germany for its refusal to authorise the use of
university qualifications awarded under franchise agreements.

The Commission will examine how it can best make use of the Néri judgment in each of these procedures.

In the Morgenbesser judgment (C-313/01), also of 13 November 2003, the Court delivered its judgment
on the rules which apply to access to the activity of ‘praticante avvocato’ (trainee lawyer), i.e. to the period
of practical training which must be carried out before taking the aptitude test to practise as a lawyer in
Italy. For admission to this activity, Italian law requires prior academic recognition of legal qualifications
obtained in other Member States. The Court ruled that
this requirement was incompatible with
Community law when this period of practice comprised the pursuit of remunerated activities. The Court
stated that in this case the principles to be applied are those arising from its own case-law based on
Articles 39 and 43 of the EC Treaty. The national authorities are therefore obliged to compare the
applicant’s professional knowledge, as certified by his/her qualifications or acquired through professional
experience, either in the Member State of origin or in the host Member State, with the professional
knowledge certified by the qualifications required by national law. If the comparison reveals that these
correspond only partially, the host Member State is entitled to require the person concerned to show that
he/she has acquired the knowledge which is lacking.

The Commission will ensure that Italy complies with the Court of Justice case-law. The Commission is, of
course, always prepared to examine any information on the existence of comparable situations in other
Member States.