Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-142/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Maria Aslanidou v Ypourgos Ygeias & Pronoias (Directive 92/51/EEC — Workers — Recognition of diplomas — Occupational therapist)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: EU law - national law, access to a profession, interpretation of the law, national implementing measure, recognition of diplomas, vocational training

C 217/18

EN

Official Journal of the European Union

3.9.2005

2. Orders the Commission of the European Communities to pay the

costs.

That possibility may not be made dependent on recognition of the
qualifications of
the person concerned by the competent national
authorities.

(1) OJ C 168 of 26.06.2004.

(1) OJ C 106 of 30.04.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 July 2005

in Case C-141/04: Reference for a preliminary ruling from
the Symvoulio tis Epikrateias in Michail Peros v Techniko
Epimelitirio Ellados (1)

(Directive 89/48/EEC — Workers — Recognition of diplomas
— Mechanical engineer)

(2005/C 217/34)

(Language of the case: Greek)

In Case C-141/04: reference for a preliminary ruling under
Article 234 EC from the Symvoulio tis Epikrateias (Greece),
made by decision of 30 December 2003, received at the Court
on 17 March 2004, in the proceedings between Michail Peros
and Techniko Epimelitirio Ellados — the Court
(Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric and K. Schiemann (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, gave a judgment
on 14 July 2005, in which it ruled:

Where national measures transposing 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, in the version
in force until 31 July 2001, have not been adopted within the period
prescribed in Article 12 thereof, a national of a Member State may
rely on Article 3(a) of that directive in order to obtain, in the host
Member State, authorisation to pursue a regulated profession such as
that of mechanical engineer.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 July 2005

in Case C-142/04: Reference for a preliminary ruling from
in Maria Aslanidou v
the Symvoulio tis Epikrateias

Ypourgos Ygeias & Pronoias (1)

(Directive 92/51/EEC — Workers — Recognition of diplomas
— Occupational therapist)

(2005/C 217/35)

(Language of the case: Greek)

In Case C-142/04: reference for a preliminary ruling under
Article 234 EC from the Symvoulio tis Epikrateias (Greece),
made by decision of 30 December 2003, received at the Court
on 17 March 2004, in the proceedings between Maria Asla-
nidou and Ypourgos Ygeias & Pronoias — the Court (Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric and K. Schiemann (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, gave a judgment
on 14 July 2005, in which it ruled:

and

education

Where national measures transposing Council Directive 92/51/EEC
of 18 June 1992 on a second general system for the recognition of
professional
supplement Directive
89/48/EEC have not been adopted within the period prescribed in
Article 17 thereof, a national of a Member State may rely on Article
3(a) of that directive in order to obtain, in the host Member State,
authorisation to pursue a regulated profession such as that of occupa-
tional therapist.

training

to

That possibility may not be made dependent on official recognition of
the qualifications of the person concerned by the competent national
authorities.

3.9.2005

EN

Official Journal of the European Union

C 217/19

The compensatory measures referred to in Article 4(1) of Directive
92/51 may be imposed on the person concerned only in so far as
they are provided for in the national legislation in force at the time of
processing the application in question.

bers, C. Gulmann, A. La Pergola, J. P. Puissochet, R. Schintgen,
J. Klučka, U. Lõhmus, E. Levits and A. Ó Caoimh, Judges; L.A.
Geelhoed, Advocate General; K. Sztranc, Administrator, for the
Registrar, gave a judgment on 12 July 2005, in which it ruled:

(1) OJ C 106 of 30.04.2004.

Examination of the question referred to the Court has revealed no
factor of such a kind as to affect the validity of Articles 3, 4(1) and
15(b) of Directive 2002/46/EC of the European Parliament and of
the Council of 10 June 2002 on the approximation of the laws of the
Member States relating to food supplements.

JUDGMENT OF THE COURT

(1) OJ C 118 of 30.04.2004.

(Grand Chamber)

of 12 July 2005

JUDGMENT OF THE COURT

in Joined Cases C-154/04 and C-155/04: Reference for a
preliminary ruling from the High Court of Justice (England
and Wales), Queen's Bench Division (Administrative
Court) in The Queen, Alliance for Natural Health and
Others v Secretary of State for Health, and The Queen,
National Association of Health Stores and Others v Secre-
tary of State for Health, National Assembly for Wales (1)

(Approximation of laws — Food supplements — Directive
2002/46/EC — Prohibition on trade
in products not
complying with the directive — Validity — Legal basis —
Article 95 EC — Articles 28 EC and 30 EC — Regulation
(EC) No 3285/94 — Principles of subsidiarity, proportion-
ality and equal treatment — Right to property — Freedom to
pursue an economic activity — Obligation to state reasons)

(Third Chamber)

of 14 July 2005

in Case C-192/04: Reference for a preliminary ruling from
the Cour de cassation in Lagardère Active Broadcast v
Société pour la perception de la rémunération équitable
(SPRE) and Others (1)

(Copyright and neighbouring rights — Broadcasting of
phonograms — Equitable remuneration)

(2005/C 217/36)

(Language of the case: English)

(2005/C 217/37)

(Language of the case: French)

In Joined Cases C-154/04 and C-155/04: reference for a preli-
minary ruling under the High Court of Justice (England and
Wales), Queen's Bench Division (Administrative Court) (United
Kingdom) made by decisions of 17 March 2004, received at
the Court on 26 March 2004, in the proceedings between The
Queen, on the application of: Alliance for Natural Health (C-
154/04), Nutri-Link Ltd and Secretary of State for Health,
National Assembly for Wales and The Queen, on the applica-
tion of: National Association of Health Stores (C-155/04),
Health Food Manufacturers Ltd v Secretary of State for Health,
National Assembly for Wales — the Court (Grand Chamber),
composed of V. Skouris, President, P. Jann, C.W.A. Timmer-
mans, A. Rosas, K. Lenaerts (Rapporteur), Presidents of Cham-

In Case C-192/04: reference for a preliminary ruling under
Article 234 EC from the Cour de cassation (France), made by
decision of 17 February 2004, received at the Court on 26
April 2004,
in the proceedings between Lagardère Active
Broadcast (the successor in title to Europe 1 communication
SA) and Société pour la perception de la rémunération équi-
table (SPRE) and Gesellschaft zur Verwertung von Leis-
tungsschutzrechten mbH (GVL); third party: Compagnie euro-
péenne de radiodiffusion et de télévision Europe 1 SA (CERT)
— the Court (Third Chamber), composed of A. Rosas, President
of the Chamber, A. Borg Barthet, S. von Bahr, J. Malenovský
(Rapporteur) and U. Lõhmus,
Judges; A. Tizzano, Advocate
General; K. Sztranc, Administrator, for the Registrar, gave a
judgment on 14 July 2005, in which it ruled: