Judgment of the Court (First Chamber) of 18 November 2004 in Joined Cases C-10/02 and C-11/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia): Anna Fascicolo and Others, Enzo De Benedictis and Others v Regione Puglia (C-10/02) and Grazia Berardi and Others, Lucia Vaira and Others v Azienda Unità Sanitaria Locale BA/4 and Others (C-11/02) (Free movement of doctors — Directives 86/457/EEC and 93/16/EEC — Recognition of diplomas, certificates and other evidence of formal qualifications — Requirement that Member States should make the exercise of the activities of general practitioner under their national social security scheme conditional on possession of a specific diploma — Acquired rights — Whether evidence of authorisation obtained before1 January 1995 is equivalent to the specific training diploma — Drawing up of the list of general practitioners in order to fill posts available in a region on the basis of the qualifications possessed)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: equivalence of diplomas, interpretation of the law, physician, recognition of diplomas, right of establishment

8.1.2005

EN

Official Journal of the European Union

C 6/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(First Chamber)

of 18 November 2004

in Joined Cases C-10/02 and C-11/02 (reference for a preli-
minary ruling from the Tribunale amministrativo regionale
per la Puglia): Anna Fascicolo and Others, Enzo De Bene-
dictis and Others v Regione Puglia (C-10/02) and Grazia
Berardi and Others, Lucia Vaira and Others v Azienda
Unità Sanitaria Locale BA/4 and Others (C-11/02) (1)

formal qualifications — Requirement

(Free movement of doctors — Directives 86/457/EEC and
93/16/EEC — Recognition of diplomas, certificates and other
evidence of
that
Member States should make the exercise of the activities of
their national social security
general practitioner under
scheme conditional on possession of a specific diploma —
Acquired rights — Whether
evidence of authorisation
obtained before 1 January 1995 is equivalent to the specific
training diploma — Drawing up of the list of general practi-
tioners in order to fill posts available in a region on the basis
of the qualifications possessed)

(2005/C 6/01)

(Language of the case: Italian)

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

In Joined Cases C-10/02 and C-11/02: references for a preli-
minary ruling under Article 234 EC from the Tribunale ammi-
nistrativo regionale per la Puglia (Italy), made by decisions of
10 October 2001, received at the Court on 15 January 2002,
in the proceedings between Anna Fascicolo and Others, Enzo
De Benedictis and Others v Regione Puglia, Maria Paciolla,
Assessorato alla Sanità e Servizi Sociali della Regione Puglia,
Coordinatore del Settore Sanità, Azienda Unità Sanitaria Locale
BR/1, Felicia Galietti and Others., Azienda Unità Sanitaria
Locale BA/4, Madia Evangelina Magrì, Azienda Unità Sanitaria
Locale BA/1, Azienda Unità Sanitaria Locale BA/3 (C-10/02),
and Grazia Berardi and Others, Lucia Vaira and Others, v
Azienda Unità Sanitaria Locale BA/4, Angelo Michele Cea,

Scipione De Mola, Francesco d'Argento, Azienda Unità Sani-
taria Locale FG/2, Antonella Battista and Others, Nicola
Brunetti andOthers, Azienda Unità Sanitaria Locale BA/3,
Azienda Unità Sanitaria Locale FG/3, Erasmo Fiorentino (C-11/
02) — the Court (First Chamber), composed of: P. Jann, Presi-
dent of the Chamber, R. Silva de Lapuerta, K. Lenaerts, S. von
Bahr and K. Schiemann (Rapporteur), Judges; J. Kokott, Advo-
cate General; Múgica Arzamendi, Principal Administrator, has
given a judgment on 18 November 2004,
in which it has
ruled:

1. Article 36(2) of Council Directive 93/16/EEC of 5 April 1993
to facilitate the free movement of doctors and the mutual recogni-
tion of their diplomas, certificates and other evidence of formal
qualifications does not require the Member States to consider
authorisation obtained before 1 January 1995 to carry on the
profession of general medical practitioner under
the national
to obtaining the certificate of
health system to be equivalent
specific training in general medical practice for the purpose of
access to general practitioner posts.

2. It is not contrary to Article 36(2) of Directive 93/16 for Member
States to provide for doctors in possession of both the certificate of
specific training in general medical practice and authorisation on
31 December 1994 to practise as general practitioners under the
national health system:

— a pool of reserved posts more extensive than that provided
either for doctors in possession of that certificate or for doctors
who have been granted authorisation, by permitting them to
compete in those two classes of reserved posts simultaneously;

— yet more advantageous treatment by awarding them, when
they compete for
reserved to doctors
the quota of posts
authorised on 31 December 1999 to practise the profession,
the number of additional points attributed on account of their
having obtained that certificate.

(1) OJ C 68 of 16.3.2002.