Order of the Court of Justice (Fourth Chamber) of 1 April 2004 in Case C-184/03 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): Helmut Fröschl v Republik Österreich (Article 104(3) of the Rules of Procedure — Proof of competence required in order to exercise a profession — Equivalent — Conditions — Professional experience acquired in another Member State — Principle of non-discrimination — Freedom of establishment — Freedom to provide services)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: Austria, artistic profession, interpretation of the law, recognition of diplomas

C 118/30

EN

Official Journal of the European Union

30.4.2004

ORDER OF THE COURT OF JUSTICE

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 1 April 2004

(Second Chamber)

of 29 April 2004

in Case C-184/03 (reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien): Helmut
Fröschl v Republik Österreich (1)

(Article 104(3) of the Rules of Procedure — Proof of compe-
tence required in order to exercise a profession — Equivalent
— Conditions — Professional experience acquired in another
Member State — Principle of non-discrimination — Freedom
of establishment — Freedom to provide services)

(2004/C 118/54)

(Language of the case: German)

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

In Case C-184/03: reference to the Court under Article 234 EC
für Zivilrechtssachen Wien (Austria),
by the Landesgericht
seeking to obtain, in the proceedings pending before that court
between Helmut Fröschl and Republik Österreich, a preliminary
ruling relating to the interpretation of Articles 12 EC, 43 EC
and 49 EC – the Court (Fourth Chamber), composed of J.N.
Cunha Rodrigues (Rapporteur), President of the Chamber; F.
Macken and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advo-
cate General; R. Grass, Registrar, made an order on 1 April
2004, the operative part of which is as follows:

Articles 12 EC, 43 EC and 49 EC must be interpreted as not
precluding national legislation under which, in a situation like that at
issue in the main proceedings, professional experience is not recognised
as equivalent to possession of the proof of competence required in
order to work as a self-employed photographer, on the sole ground
that that experience was acquired in the Member State of establish-
ment and not in another Member State.

in Case C-187/03 P: Zissis Drouvis v Commission of the
European Communities (1)

(Appeal — Officials — Pensions — Weighting — Article
82(1) of the Staff Regulations — Principle of equal treat-
ment — Freedom of movement and freedom of establishment
for workers — Appeal manifestly unfounded)

(2004/C 118/55)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published in
the Reports of Cases before the Court of Justice)

the European Communities,

In Case C-107/83 P: Zissis Drouvis, a former official of the
Commission of
residing in
Maroussi Attikis (Greece), (lawyer: I. Stamoulis), appeal against
the judgment of the Court of First Instance of the European
Communities (Fourth Chamber) of 26 February 2003 in Case
T-184/00 Drouvis v Commission, not yet published in the
ECR, seeking to have that judgment set aside, the other parties
to the proceedings being: Commission of
the European
J. Currall, assisted by P. Anestis) and
Communities (Agent:
Council of the European Union (Agents: D. Zahariou and A.
(Second Chamber), composed of C.W.A.
Pilette),
the Court
the Chamber, C. Gulmann, R.
Timmermans, President of
Schintgen (Rapporteur), F. Macken and N. Colneric,
Judges,
Advocate General: F.G. Jacobs, Registrar: R. Grass, has made an
order on 29 April 2004, in which it:

1. Dismisses the appeal.

2. Orders Mr Drouvis to pay the costs.

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 47 of 21. 2. 2004.

(1) OJ C 171 of 19.7.2003.