Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-402/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas — Access to the profession of special needs teacher in the hospital public service and local public service — Definition of ‘regulated profession’ — Professional experience — Article 39 EC)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, France, access to a profession, action for failure to fulfil an obligation, health care profession, professional experience, recognition of diplomas, vocational training

4.12.2004

EN

Official Journal of the European Union

C 300/13

Commission of the European Communities (Agent: M. Nolin)
and French Republic (Agents: G. de Bergues, S. Pailler and D.
Petrausch) — the Court (First Chamber), composed of: P. Jann,
the Chamber, S. von Bahr and K. Schiemann
President of
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, has given a judgment on 14 October 2004, in
which it:

1. Declares that, by virtue of the award by the Communauté urbaine
du Mans of a study contract for assistance to the maître d'ouvrage
in respect of
the Chauvinière sewage treatment plant, without
publication of a contract notice in the Official Journal of the Euro-
pean Communities, the French Republic has failed to fulfil its obli-
gations under Council Directive 92/50/EEC of 18 June 1992
relating to the coordination of procedures for the award of public
service contracts, and in particular Article 15(2) thereof;

hoed, Advocate General; R. Grass, Registrar, has given a judg-
ment on 7 October 2004, in which it has ruled:

The Combined Nomenclature set out in Annex I to Council Regu-
lation (EEC) No 2658/87 of 23 July 1987 on the tariff and statis-
tical nomenclature and on the Common Customs Tariff, as amended
by Commission Regulation (EC) No 1734/96 of 9 September 1996,
Commission Regulation (EC) No 2086/97 of 4 November 1997,
Commission Regulation (EC) No 2261/98 of 26 October 1998,
and Commission Regulation (EC) No 2204/99 of 12 October 1999
must be construed as meaning that in a dispute such as that in the
main proceedings, in which the parties disagree as to whether plastic
chairmats such as those at issue in the main proceedings come under
subheading 3918 10 90 or
the
Combined Nomenclature, classification under the former subheading
is to be preferred.

subheading 9403 70 90 of

2. Orders the French Republic to pay the costs.

(1) OJ C 289 of 23.11.2002.

(1) OJ C 7 of 11.1.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 7 October 2004

in Case C-402/02: Commission of the European Commu-
nities v French Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tives 89/48/EEC and 92/51/EEC — Recognition of diplomas
— Access to the profession of special needs teacher in the
hospital public service and local public service — Definition
of ‘regulated profession’ — Professional experience — Article
39 EC)

(2004/C 300/26)

(Language of the case: French)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 October 2004

in Case C-379/02 (reference for a preliminary ruling from
the Østre Landsret): Skatteministeriet v Imexpo Trading
A/S (1)

(Common Customs Tariff — Tariff headings — Classifica-
tion in the Combined Nomenclature — Chairmats)

(2004/C 300/25)

(Language of the case: Danish)

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

In Case C-379/02: reference for a preliminary ruling under
Article 234 EC from the Østre Landsret (Denmark), made by
order of 15 October 2002, received at
the Court on 21
in the proceedings between Skatteministeriet
October 2002,
and Imexpo Trading A/S — the Court
(Sixth Chamber),
composed of: A. Borg Barthet, President of the Chamber, J.-P.
Puissochet (Rapporteur), and S. von Bahr, Judges; L.A. Geel-

In Case C-402/02: Commission of the European Communities
(Agents: M. Patakia and D. Martin) v French Republic (Agents:
G. de Bergues and A. Colomb) — action under Article 226 EC
for failure to fulfil obligations, brought on 12 November 2002
— the Court (Second Chamber), composed of: C.W.A. Timmer-
mans (Rapporteur), President of the Chamber, C. Gulmann, J.-P.
Puissochet, J.N. Cunha Rodrigues and F. Macken, Judges; A.
Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 7 October 2004, in which it:

C 300/14

EN

Official Journal of the European Union

4.12.2004

as

1. Declares that, by failing to put in place a procedure for the mutual
recognition of diplomas
required by 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' dura-
tion and 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 for access to the
profession of special needs teacher in the hospital public service
and the local public service, and by allowing to remain in force a
national law and the practice of the classification committee which
fails to take into account the professional experience of migrant
workers, the French Republic has failed to fulfil its obligations
under those directives and Article 39 EC.

2. Orders the French Republic to pay the costs.

(1) OJ C 323 of 21.12.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-409/02 P:

Jan Pflugradt v European Central

Bank (1)

(Appeal — Staff of the European Central Bank — Contrac-
tual nature of the employment relationship — Alteration of
responsibilities laid down in the employment contract)

(2004/C 300/27)

(Language of the case: German)

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

Lapuerta (Rapporteur), K. Lenaerts and S. von Bahr,
Judges;
P. Léger, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 October
2004, in which it:

1. Dismisses the appeal;

2. Orders Mr Pflugradt to pay the costs.

(1) OJ C 19 du 25.1.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 21 October 2004

in Case C-426/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Charges
having equivalent effect — Common commercial policy —
Imports of goods from Member States and non-member coun-
tries — Charges levied for the validation of invoices)

(2004/C 300/28)

(Language of the case: Greek)

In Case C-426/02: action under Article 226 EC for failure to
fulfil obligations, lodged at the Court on 22 November 2002
by Commission of
the European Communities (Agents: X.
Lewis and M. Konstantinidis) against Hellenic Republic (Agents:
A. Samoni-Rantou and N. Dafniou) — the Court
(Fifth
Chamber), composed of: R. Silva de Lapuerta, President of the
Chamber, C. Gulmann (Rapporteur) and S. von Bahr, Judges;
Advocate General: A. Tizzano; Registrar: R. Grass, has given a
judgment on 21 October 2004, in which it:

In Case C-409/02 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged on 18 November 2002, by Jan Pflu-
gradt (avocats: N. Pflüger) the other party to the proceedings
being: European Central Bank (Agents: V. Saintot, T. Gilliams,
and B. Wägenbaur,) — the Court (First Chamber), composed
of: P. Jann, President of the Chamber, A. Rosas, R. Silva de

1. Declares that, by applying, for the benefit of the Ethnikos Orga-
nismos Farmakon (National Organisation for Medicines), a
charge in respect of the validation of invoices on the import of raw
semi-finished products and
materials
finished products from other Member States or non-member coun-
tries, the Hellenic Republic has failed to fulfil its obligations under
Articles 23 EC, 25 EC and 133 EC;

for pharmaceutical use,