Case C-205/04: Action brought on 7 May 2004 by Commission of the European Communities against Kingdom of Spain
Date: 2004-06-26
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, civil service, free movement of workers, professional experience, recognition of vocational training qualifications, seniority, worker (EU)

C 168/4

EN

Official Journal of the European Union

26.6.2004

Action brought on 4 May 2004 by the Commission of the
European Communities against the French Republic

Action brought on 7 May 2004 by Commission of the
European Communities against Kingdom of Spain

(Case C-198/04)

(2004/C 168/07)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 4 May 2004
by the Commission of the European Communities, represented
by M. Patakia and H. Stovlbæk, acting as Agents, with an
address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

in
incomplete transposition,
1. declare that, by reason of
regard to the profession of
tourist guide, of Directives
89/48/EEC (1) and 92/51/EEC (2), the French Republic has
failed to fulfil
its obligations under those directives and
under the Treaty establishing the European Community;

(Case C-205/04)

(2004/C 168/08)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 7 May
2004 by the Commission of the European Communities, repre-
sented by G. Rozet, acting as Agent, with an address for service
in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt a law which expressly
provides, in respect of the Spanish civil service, for account
to be taken, for financial purposes, of previous periods of
employment in the public service of another Member State,
its obligations
the Kingdom of Spain has failed to fulfil
under Article 39 of the EC Treaty and Article 7 of Regu-
lation (EEC) No 1612/681 of the Council of 15 October
1968 on freedom of movement for workers within the
Community;

2. order the French Republic to pay the costs.

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments:

The French legislation applicable to the profession of tourist
guide makes no provision for a procedure for the recognition
of qualifications in accordance with Directives 89/48/EEC and
92/51/EEC.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years' duration (OJ L 19 of 24.01.1989, p. 16).

(2) Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ L 209 of 24.07.1992, p. 25).

Pleas in law and main arguments

for workers within the Community (1)

In accordance with the case-law of the Court of Justice, Article
39 of the EC Treaty and Article 7 of Regulation (EEC) No
1612/68 of the Council of 15 October 1968 on freedom of
movement
require
Member States to take account of the seniority and experience
acquired in the public service of another Member State by
Community citizens for the purpose of their access, grading
and determination of seniority in its civil service. Currently, in
the Spanish legal system, there is no measure which ensures
with the necessary legal certainty that account is taken for
financial purposes of periods of employment in the public
service of another Member State.

(1) OJ, English Special Edition, 1968 (II), p. 475.